Legal Opinion

Pucciarelli v. McGoldrick

New York Supreme Court

Decided April 12, 1954Published

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

  1. Mouakad v. RossAppellate Division of the Supreme Court of the State of New York · 1948
  2. Granville v. RossAppellate Division of the Supreme Court of the State of New York · 1948
  3. Billingslea v. McGoldrickNew York Court of Appeals · 1953

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