Pucciarelli v. McGoldrick
New York Supreme Court
1Opinion of the CourtMatthew M. Levy, J.
Many minute and extended objections were levelled at the commission’s determination in this matter, but I shall rest my decision on only one issue.
The statute requires that “ Before ordering any adjustment in maximum rents, a reasonable opportunity to be heard thereon shall be accorded the tenant and the landlord ” (State Residential Rent Law, § 4, subd. 2, par. [d]; L. 1950, ch. 250, as amd. by L. 1951, ch. 443). The allowance of a hearing is discretionary with the commission, and the failure to grant one is not, without more, an abuse of discretion (Matter of Billingslea v. McGoldrick, 305…
2Cases cited3 opinions
- Mouakad v. RossAppellate Division of the Supreme Court of the State of New York · 1948
- Granville v. RossAppellate Division of the Supreme Court of the State of New York · 1948
- Billingslea v. McGoldrickNew York Court of Appeals · 1953