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Matter of Fazio v. Joy

Court of Appeals of the State of New York
Nov 18, 1982
444 N.E.2d 990 (N.Y. 1982)

Opinion

Decided November 18, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK VACCARO, J.

Bernard Meyerson and Louis J. Russo for appellants.

Julius Copeland and Harry Michelson for respondent.



On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 89 A.D.2d 604). We emphasize that the proper standard of review of determinations by the Commissioner of Department of Housing Preservation and Development is a "rational basis" test ( Matter of Asen Bros. Brook v Leventhal, 54 N.Y.2d 839; Matter of Colton v Berman, 21 N.Y.2d 322, 329).

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


Summaries of

Matter of Fazio v. Joy

Court of Appeals of the State of New York
Nov 18, 1982
444 N.E.2d 990 (N.Y. 1982)
Case details for

Matter of Fazio v. Joy

Case Details

Full title:In the Matter of THERESA FAZIO et al., Appellants, v. DANIEL JOY, as…

Court:Court of Appeals of the State of New York

Date published: Nov 18, 1982

Citations

444 N.E.2d 990 (N.Y. 1982)
444 N.E.2d 990
458 N.Y.S.2d 526

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