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MARA v. McGOLDRICK

307 N.Y. 856 (1954)

In the Matter of Timothy J. Mara, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 21, 1954

Attorney(s) appearing for the Case

Emory Gardiner and Walter S. Fried for Joseph D. McGoldrick, State Rent Administrator, appellant.

Robert S. Fougner for Edgar Ellinger, Inc., appellant.

Lawrence Weston Krieger and William P. Murray for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

Per Curiam.

The order of Special Term and that of the Appellate Division should be reversed, and the determination of the State Rent Administrator reinstated, with costs. Subdivision 4 (par. [b]) of section 4 of the State Residential Rent Law (L. 1946, ch. 274, as amd. by L. 1953, ch. 321), expressly provides that the total of all adjustments "ordered by the commission" pursuant to subdivision 4 (par. [a], cl. [1])...

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