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Fazio v. Joy

58 N.Y.2d 674 Court N.Y. Decision date 1982-11-18 English

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p. 674
In the Matter of Theresa Fazio et al., Appellants, v Daniel Joy, as Commissioner of Department of Housing Preservation and Development, Office of Rent and Housing Maintenance (Rent Control Division), Respondent.
Decided November 18, 1982
p. 676
APPEARANCES OF COUNSEL
Bernard Meyerson and Louis J. Russo for appellants.
Julius Copeland and Harry Michelson for respondent.

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 89 AD2d 604 ). We emphasize that the proper standard of review of determinations by the Commissioner of Department of Housing Preservation and Development is a “rational basis” test (Matter of Asen Bros. & Brook v Leventhal, 54 NY2d 839 ; Matter of Colton v Berman, 21 NY2d 322 , 329).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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