Opinion
Argued December 7, 1961
Decided January 18, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.
Barney Rosenstein for intervenors-appellants.
Harry Michelson and Harold Zucker for appellant.
Bernard Buchwald, R. Gettinger, M. Gettinger and Irving Kaufman for respondent.
Order reversed and determination of the State Rent Administrator reinstated, with costs in all courts, upon the ground that there is substantial evidence to support the Administrator's determination that the proposed alteration does not constitute a demolition and that petitioner has not shown that the determination was arbitrary and capricious. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.