Rolinski v. Altman

Appellate Division of the Supreme Court of New York

Rolinski v. Altman

37 A.D.2d 779, 325 N.Y.S.2d 311, 1971 N.Y. App. Div. LEXIS 3408

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

DecidedSeptember 27, 1971

StatusPublished

This text of 37 A.D.2d 779 (Rolinski v. Altman) 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

Rolinski v. Altman, 37 A.D.2d 779, 325 N.Y.S.2d 311, 1971 N.Y. App. Div. LEXIS 3408 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR to annul a determination of appellant Altman, the New York City Rent Commissioner, revoking a certificate of eviction, the appeals are from a judgment of the Supreme Court, Queens County, entered January 6, 1971, which granted the application. Judgment reversed, on the law, without costs; petition dismissed on the merits; and determination of appellant Commissioner confirmed. In our view there existed a rational basis in the record for the Commissioner’s finding that there was no “ immediate and compelling necessity ” to evict appellant Lebwohl. Accordingly, the learned Special Term ought not have substituted its judgment for that of the Commissioner. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR to annul a determination of appellant Altman, the New York City Rent Commissioner, revoking a certificate of eviction, the appeals are from a judgment of the Supreme Court, Queens County, entered January 6, 1971, which granted the application. Judgment reversed, on the law, without costs; petition dismissed on the merits; and determination of appellant Commissioner confirmed. In our view there existed a rational basis in the record for the Commissioner’s finding that there was no “ immediate and compelling necessity ” to evict appellant Lebwohl. Accordingly, the learned Special Term ought not have substituted its judgment for that of the Commissioner. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.

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Bluebook (online)

37 A.D.2d 779, 325 N.Y.S.2d 311, 1971 N.Y. App. Div. LEXIS 3408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rolinski-v-altman-nyappdiv-1971.