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MATTER OF CAPONE v. WEAVER

6 N.Y.2d 307 (1959)

In the Matter of Leonard Capone, Respondent, v. Robert C. Weaver, as State Rent Administrator, Appellant, and John Miller, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1959.

Attorney(s) appearing for the Case

Edward V. Alfieri and Nathan Heller for appellant.

Harold Gellman for respondent.

Frank R. McGlynn for intervenor-appellant.

Chief Judge CONWAY and Judges DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DYE, J.

In this article 78 proceeding to review and annul a determination of the State Rent Administrator denying petitioner's protest to the Administrator's order fixing maximum rent, the Administrator and John Miller, intervenor-tenant, appeal as of right from an order of the Appellate Division, Second Department (7 A.D.2d 1004), which (1) reversed an order of the Supreme...

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