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MATTER OF EPSTEIN v. HERMAN

19 A.D.2d 74 (1963)

In the Matter of Arthur M. Epstein, Appellant, v. Robert E. Herman, as Commissioner and State Rent Administrator, Respondent

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

June 27, 1963.

Attorney(s) appearing for the Case

Walter S. Beck of counsel (Theodore H. Friedman with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for appellant.

David Weisenberg of counsel (Harold Zucker, attorney), for respondent.

McNALLY, J. P., and EAGER, J., concur; STEVENS and BERGAN, JJ., dissent and vote to affirm.

STEUER, J.

On appeal are orders in a consolidated proceeding pursuant to article 78 questioning determinations of the State Rent Administrator. The first petition questioned the retroactive features of a rent increase, and the second petition questioned the right of the Administrator to grant any increase at all. As to the second petition, we find that the record contains no protest against that aspect of the...

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