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MATTER OF HAMEL v. ALTMAN

36 A.D.2d 521 (1971)

In the Matter of Rose Hamel, Respondent, v. Benjamin Altman, as Commissioner of The Department of Rent and Housing Maintenance of the City of New York, Appellant

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

January 21, 1971

In our opinion, the determination of the Commissioner was neither arbitrary nor capricious and had a reasonable basis in the record. It was not for the court to substitute its judgment for that of the Commissioner. (See Matter of Colton v. Berman, 21 N.Y.2d 322; Matter of Friedman v. Weaver, 3 N.Y.2d 123.) The record is sufficient to establish a rational basis for the finding that the landlord...

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