MATTER OF AMSTERDAM-MANHATTAN ASSOCS. v. JOY


42 N.Y.2d 941 (1977)

In the Matter of Amsterdam-Manhattan Associates, Appellant, v. Daniel W. Joy, as Commissioner of the Office of Rent Control, Department of Rent and Housing Maintenance of the City of New York, Respondent. In the Matter of Taleff Realty Corp., Appellant, v. Daniel W. Joy, as Commissioner of the Office of Rent Control, Department of Rent and Housing Maintenance of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 30, 1977.


Attorney(s) appearing for the Case

Robert S. Fougner for Amsterdam Manhattan-Associates, appellant.

Irving Weissman for Taleff Realty Corp., appellant.

Florence R. Zimmerman and Harry Michelson for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judges FUCHSBERG and COOKE dissent and vote to affirm for reasons stated in the opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division ().


Per Curiam.

We find that there was unreasonable delay as a matter of law in the Office of Rent Control's refusal, for a period of over 15 months, to process the landlords' applications for electrical exclusion decrease orders. It is offensive to one's sense of fairness for these landlords, having timely filed the necessary applications and engaged in a completely proper course of conduct under the pre-existing regulation...

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