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  5. 39 N.Y.2d 762 (1976)
 

MATTER OF EQUITY PROPS. CORP. v. JOY

39 N.Y.2d 762 (1976)

In the Matter of Equity Properties Corporation, Appellant, v. Daniel W. Joy, as Commissioner of the Department of Rent and Housing Maintenance, Office of Rent Control, Respondent, and Deborah Mayer, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1976.

Attorney(s) appearing for the Case

Melvin C. Levine for appellant.

Florence R. Zimmerman and Harry Michelson for respondent.

Harvey E. Bumgardner, Jr., for intervenor-respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. There is ample support in the record for the agency's determination that the apartment in question was never vacated as is statutorily required for a vacancy decontrol order. It also appears that appellant landlord acquiesced in the intervenor's occupancy of the subject apartment in 1971, when the original tenant departed on a voyage to Ireland...

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