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  5. 69 N.Y.2d 973 (1987)
 

MATTER OF CIRELLA v. JOY

69 N.Y.2d 973 (1987)

In the Matter of Daniel G. Cirella, Respondent, v. Daniel W. Joy, as Commissioner of the Office of Rent and Housing Maintenance, Rent Control Division, Respondent, and Marjorie Hoog et al., Appellants.

Court of Appeals of the State of New York.

Decided May 7, 1987.

Attorney(s) appearing for the Case

Bernard Mitchell Alter for appellants.

Alan W. Ginsberg and Dennis Hasher for Daniel W. Joy, as Commissioner of New York State Division of Housing and Community Renewal, respondent.

Harris L. Present for Daniel G. Cirella, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to the respondent Commissioner.

The trial court's reliance on Beer v Walters (118 Misc.2d 630) was misplaced, because Beer is not applicable to either tenants in common or rent-controlled situations.

The matter must be remitted, however, because the...

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