Opinion
February 13, 1962
In a proceeding by a landlord, pursuant to article 78 of the Civil Practice Act, to review a determination of the State Rent Administrator that an apartment on the second floor of the rear building erected on the landlord's premises was not decontrolled and is subject to rent control, the landlord appeals from an order of the Supreme Court, Kings County, dated October 14, 1960, which denied his petition and dismissed the proceeding. The State Administrator, in denying the landlord's protest and affirming the Local Rent Administrator's decision wherein the landlord's application for decontrol was rejected, determined: (1) that the aforesaid rear building (containing two apartments) and the front building (containing six apartments) erected on the same premises, together constitute a horizontal apartment house in their actual use, and were interdependent on each other for such use; and (2) that the rear building was not a two-family house within the meaning and intent of subdivision 12 of section 9 of the State Rent and Eviction Regulations. Order affirmed, with costs. No opinion. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.