In re Rest Right Slipper Co. — 276 A.D.2d 837

Majority

p. 837

In the Matter of Rest Right Slipper Co., Inc., Respondent. Rebecca Barocas et al., Doing Business as Vicmor Realty Company, Appellants.

The tenant’s petition and motion to fix the emergency rent were both made pursuant to section 4 of chapter 3 of the Laws of 1945, as amended, which provide for a proceeding to fix a rent “exceeding the amount of the emergency rent”. The petition states that the emergency rent is $316.67 a month and that the reasonable rent under section 4 is the same amount. As a proceeding originally' initiated under section 4 is by the terms

p. 838

of the section itself a proceeding for the fixation of rent in excess of the emergency rent, the purpose and the requirements of the section indicate that only a landlord has the right to initiate such a proceeding.

The order appealed from should be reversed, with $20 costs and disbursements, and the tenant’s petition dismissed, with costs.

Glennon, J. P., Dore, Cohn, Yan Yoorhis and Shientag, JJ., concur.

Order unanimously reversed, with $20 costs and disbursements to the appellants, and tenant’s petition dismissed. Settle order on notice.