Opinion
March 10, 1952.
Proceeding by a landlord under article 78 of the Civil Practice Act. The local rent administrator issued an order on September 1, 1950, increasing the rent of certain premises in Brooklyn from $42 to $55 a month. The State Rent Administrator remanded the proceeding to the local administrator for further processing, holding the record inadequate to sustain the determination. On March 5, 1951, the local administrator issued an order revoking his order of September 1, 1950, and fixing the maximum rent at $46. On June 20, 1951, the State Administrator modified the order of March 5, 1951, and found that because of an increase in equipment, the rental value had increased by $4 a month, and that, therefore, the increase from $42 to $46 was justified. The Special Term order revoked the order of the State Administrator issued June 20, 1951, and reinstated the order of the local administrator issued September 1, 1950. The State Administrator appeals. Order reversed on the law and the facts, without costs, petition dismissed, without costs, and order of the State Rent Administrator issued June 20, 1951, reinstated. There was sufficient evidence before the State Rent Administrator which, though controverted, justified his determination. Nolan, P.J., Carswell, Johnston, Wenzel and Schmidt, JJ., concur.