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Matter of R.E. Associates v. McGoldrick

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1951
278 AD 347 (N.Y. App. Div. 1951)

Opinion


278 A.D. 347 105 N.Y.S.2d 152 In the Matter of R. E. ASSOCIATES INCORPORATED, Appellant, v. JOSEPH D. MCGOLDRICK, as State Rent Administrator, Respondent. Supreme Court of New York, First Department. June 12, 1951

         APPEAL from an order of the Supreme Court at Special Term (A. J. LEVY, J.), entered May 3, 1951, in New York County, which dismissed a petition in a proceeding under article 78 of the Civil Practice Act to review an order made by respondent.

         COUNSEL

          Harris Jay Griston for appellant.

          Robert H. Schaffer for respondent.

          Per Curiam.

          Denial of a protest of a regulation or order of the State Rent Administrator does not become final until notice of such denial has been given to the parties. The statute provides that a proceeding may be taken in the Supreme Court under article 78 of the Civil Practice Act to review such denial order within thirty days. (State Residential Rent Law, § 9, subd. 1; L. 1950, ch. 250, as amd. by L. 1951, ch. 443.) Where as here the notice is given by mail, we think a fair construction of the statute is that the thirty days begin to run from the date of the mailing of the administrator's order to the aggrieved party. Because section 164 of the Civil Practice Act adds three days in case of mailing, the proceedings herein were initiated within the statutory limit.

          The order should be unanimously reversed, with $20 costs and disbursements to appellant, and motion denied.

          GLENNON, J. P., COHN, CALLAHAN, SHIENTAG and HEFFERNAN, JJ., concur.

          Order unanimously reversed, with $20 costs and disbursements to the appellant and the motion denied. Settle order on notice.

Summaries of

Matter of R.E. Associates v. McGoldrick

Appellate Division of the Supreme Court of New York, First Department
Jun 12, 1951
278 AD 347 (N.Y. App. Div. 1951)
Case details for

Matter of R.E. Associates v. McGoldrick

Case Details

Full title:In the Matter of R.E. ASSOCIATES INCORPORATED, Appellant, against JOSEPH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 12, 1951

Citations

278 AD 347 (N.Y. App. Div. 1951)
278 App. Div. 347
105 N.Y.S.2d 152

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