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MATTER OF ABRAMS v. McGOLDRICK

282 A.D. 192 (1953)

In the Matter of Harry N. Abrams et al., Respondents, v. Joseph D. McGoldrick, as State Rent Administrator, et al., Appellants In the Matter of Isaac S. Heller, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 9, 1953.

Attorney(s) appearing for the Case

Robert S. Fougner of counsel (McLaughlin & Fougner, attorneys), for Tishman Realty & Construction Co., Inc., appellant.

Walter S. Fried of counsel (Jacob B. Ward with him on the brief; Robert H. Schaffer, attorney), for Joseph D. McGoldrick, as State Rent Administrator, appellant.

Robert J. Philips for Harry N. Abrams and others, respondents.

Richard Heller for Isaac S. Heller, respondent.

PECK, P. J., GLENNON, COHN, CALLAHAN and BREITEL, JJ., concur.

Per Curiam.

It is discretionary rather than mandatory under paragraph (a) of subdivision 4 of section 4 of the State Residential Rent Law (L. 1946, ch. 274, as amd.) and subdivision 5 of section 33 of the Rent and Eviction Regulations for the commission to make a determination that the valuation of property is an amount different from the assessed valuation where there has been a reduction in the assessed valuation...

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