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MATTER OF FLORELL EQUITIES v. WEAVER

2 A.D.2d 542 (1956)

In the Matter of Florell Equities, Inc., Respondent, v. Robert C. Weaver, as State Rent Administrator, Appellant

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

November 27, 1956.

Attorney(s) appearing for the Case

Beatrice Shainswit of counsel (Nathan Heller, attorney), for appellant.

Robert S. Fougner of counsel (Eugene J. Morris, Albert W. Fribourg and Matthew J. Domber with him on the brief; McLaughlin & Fougner, attorneys), for respondent.

BOTEIN, RABIN and FRANK, JJ., concur in Per Curiam opinion; BREITEL, J. P., dissents and votes to reverse in opinion, in which VALENTE, J., concurs.

Per Curiam.

The commission has adopted a regulation (Part II, Amendment No. 50, to State Rent and Eviction Regulations, § 33, subd. 5) reading as follows: "No landlord shall be eligible to file an application under this paragraph on and after February 1, 1956 unless he has been the landlord of such property for at least one year."

The regulation was adopted to implement the statute providing for hardship...

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