Opinion
March 22, 1954.
In a proceeding under article 78 of the Civil Practice Act, to review the determination of the State Rent Administrator, which revoked his earlier determination fixing the maximum rent at $110 per month, and refixing it at $90, the order at Special Term annuls the determination and fixes the maximum rent at $110 in accordance with the Administrator's earlier determination. Order reversed on the law, without costs, the proceeding dismissed, and the determination of the Administrator, fixing the maximum rent at $90, confirmed. Upon remission by the Supreme Court the Administrator had the power to make a new determination, even though the evidence was approximately the same as on the earlier determination. There is substantial evidence to support the new determination. ( Matter of Yasser v. McGoldrick, 282 App. Div. 105 6.) Nolan, P.J., Adel, Wenzel, Schmidt and Murphy, JJ., concur.