Majority
p. 808In the Matter of James J. Coyle, Jr., Respondent, v. Hortense W. Gabel, as City Rent and Rehabilitation Administrator, Appellant, and Arthur Goodman, Intervenor. Argued January 18, 1968; decided February 15, 1968.
p. 809
Eugene P. Bambrick and Maurice A. Reichman for appellant.
Lewis G. Gaines for respondent.
No appearance for Arthur Goodman, intervener.
Order affirmed, with costs to respondent, in the following memorandum: The Administrator was not bound by the doctrine of res judicata to hold that 206 Warren Street was decontrolled. The 1943 registration was a mere unilateral declaration and it
p. 810
was not an adjudication of anything. It is our opinion, however, that the Administrator’s determination was not supported by substantial evidence (Matter of Amorelli v. Berman, 19 N Y 2d 960 ).
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Beroan, Keating, Breitel and Jasen.
Cases cited
- Amorelli v. Berman 19 N Y 2d 960 p. 810