MATTER OF SCHEMAN v. JOY


56 A.D.2d 568 (1977)

In the Matter of Max Scheman, Appellant, v. Daniel W. Joy, as Commissioner of The Department of Rent and Housing Maintenance, Respondent

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

February 28, 1977


In the same order to show cause, petitioner asked both for ultimate relief in this article 78 proceeding and for an examination of the rent commissioner. The corporation counsel, in his answering affidavit, addressed himself exclusively to the question of the examination, stating, however, that examination was unnecessary because the petition is without merit under the decision in Matter of Tenants' Union of West Side v Beame (40 N.Y.2d 133

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