Hoan Holding Co. v. Joy — 59 N.Y.2d 1012

Majority

p. 1012

In the Matter of Hoan Holding Co., Appellant, v Daniel W. Joy, as Commissioner of the Department of Housing Preservation and Development, Respondent, and Homer Price, Intervenor-Respondent.

Decided July 7, 1983

p. 1013

APPEARANCES OF COUNSEL

Joseph Gaier, P. C., for appellant.

Harry Michelson and Alan W. Ginsberg for respondent.

Fred Weinstein for intervenor-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. On this record, it cannot be said that the commissioner’s determination that the landlord had failed to prove continuous owner occupancy for a period of one year (Administrative Code of City of New York, § Y51-3.0, subd e, par 2, cl [i], subcl [3]; New York City Rent and Eviction Regulations, § 2, subd f, par [11]) lacks a rational basis.

p. 1014

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