Phillipse Towers, Inc. v. Tenants of Phillipse Towers, Inc.

Appellate Division of the Supreme Court of New York

Phillipse Towers, Inc. v. Tenants of Phillipse Towers, Inc.

33 A.D.2d 773, 306 N.Y.S.2d 697, 1969 N.Y. App. Div. LEXIS 2746

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 1, 1969

StatusPublished

Cited by1 cases

This text of 33 A.D.2d 773 (Phillipse Towers, Inc. v. Tenants of Phillipse Towers, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillipse Towers, Inc. v. Tenants of Phillipse Towers, Inc., 33 A.D.2d 773, 306 N.Y.S.2d 697, 1969 N.Y. App. Div. LEXIS 2746 (N.Y. Ct. App. 1969).

Pincite

Opinion

In a proceeding by a limited profit housing company pursuant to section 31 of the Private Housing Finance Law to procure an increase in the rentals to be charged to the tenants of the company’s housing project in the city of Yonkers, the tenants appeal from an order of the Commissioner of Housing of the State of New York, dated August 26, 1969, which granted such increase in stated amounts. Appeal dismissed, without costs; and stay granted by this court’s order dated October 1, 1969 vacated. There is no provision in the statute under which the proceeding was brought and decided (Private Housing Finance Law, § 31) for an appeal from the order of the Commissioner of Housing. Appellants’ remedy to obtain a review^ of the order was a proceeding under article 78 of the CPLR (cf. Matter of Rappaport v. Gaynor, N. Y. L. J., July 1, 1965, p. 9, col. 1, affd. 26 A D 2d 620; Harper v. Gaynor, N. Y. L. J., April 6, 1967, p. 18, col. 7). We have examined into and considered the points raised by the parties to this appeal. If we were to determine the appeal on the merits we would affirm the order in all respects. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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In a proceeding by a limited profit housing company pursuant to section 31 of the Private Housing Finance Law to procure an increase in the rentals to be charged to the tenants of the company’s housing project in the city of Yonkers, the tenants appeal from an order of the Commissioner of Housing of the State of New York, dated August 26, 1969, which granted such increase in stated amounts. Appeal dismissed, without costs; and stay granted by this court’s order dated October 1, 1969 vacated. There is no provision in the statute under which the proceeding was brought and decided (Private Housing Finance Law, § 31) for an appeal from the order of the Commissioner of Housing. Appellants’ remedy to obtain a review^ of the order was a proceeding under article 78 of the CPLR (cf. Matter of Rappaport v. Gaynor, N. Y. L. J., July 1, 1965, p. 9, col. 1, affd. 26 A D 2d 620; Harper v. Gaynor, N. Y. L. J., April 6, 1967, p. 18, col. 7). We have examined into and considered the points raised by the parties to this appeal. If we were to determine the appeal on the merits we would affirm the order in all respects. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

33 A.D.2d 773, 306 N.Y.S.2d 697, 1969 N.Y. App. Div. LEXIS 2746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillipse-towers-inc-v-tenants-of-phillipse-towers-inc-nyappdiv-1969.

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