Opinion
Submitted December 6, 1961
Decided January 11, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JACOB MARKOWITZ, J.
Emory Gardiner and Harold Zucker for appellant.
Sidney S. Flaum for intervenor-appellant.
Monroe Goldwater and William J. McGowan for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Judge FULD dissents and votes to reverse the order appealed from and to reinstate the order of the State Rent Administrator for the reasons stated in the dissenting opinion of BOTEIN, P.J., at the Appellate Division.