Opinion
July, 1933.
Determination of the State Industrial Commissioner annulled, certiorari proceedings sustained and matter remitted to the Industrial Commissioner for a rehearing and determination, with costs to relator to abide the event, the court being of opinion that the evidence did not justify a finding that the prevailing rate was $13.75 per day, but did show that the prevailing rate had decreased after date of complaint. The rate paid by the petitioner should not be considered in fixing the prevailing rate. ( Matter of Carder Realty Corporation v. Perkins, 237 App. Div. 152; affd., 261 N.Y. 634, 713.) Lazansky, P.J., Kapper, Hagarty, Carswell and Davis, JJ., concur.