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MATTER OF HOAN HOLDING CO. v. JOY

59 N.Y.2d 1012 (1983)

In the Matter of Hoan Holding Co., Appellant, v. Daniel W. Joy, as Commissioner of the Department of Housing Preservation and Development, Respondent, and Homer Price, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Joseph Gaier, P. C., for appellant.

Harry Michelson and Alan W. Ginsberg for respondent.

Fred Weinstein for intervenor-respondent.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs. On this record, it cannot be said that the commissioner's determination that the landlord had failed to prove continuous owner occupancy for a period of one year (Administrative Code of City of New York, § Y51-3.0, subd e, par 2, cl [i], subcl [3]; New York City Rent and Eviction Regulations, § 2, subd f, par [11]) lacks a rational...

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