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MATTER OF HOAN HOLDING CO. v. JOY

92 A.D.2d 466 (1983)

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

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

February 3, 1983

There was a rational basis for the commissioner's determination that petitioner failed to carry its burden of showing continuous owner occupancy for a one-year period. The dissent's citation to Wittlin v Rent Control Div., Dept. of Housing Preservation & Dev. of City of N. Y. (89 A.D.2d 603, affd 58 N.Y.2d 723), is inapposite because there was no question there of the fact of owner occupancy...

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