Legal Opinion
Fazio v. Joy
New York Court of Appeals
Decided November 18, 1982PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (89 AD2d 604). We emphasize that the proper standard of review of determinations by the Commissioner of Department of Housing Preservation and Development is a “rational basis” test (Matter of Asen Bros. & Brook v Leventhal, 54 NY2d 839; Matter of Colton v Berman, 21 NY2d 322, 329).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and…
2Cases cited2 opinions
- Colton v. BermanNew York Court of Appeals · 1967
- MATTER OF ASEN BROS. & BROOK v. LeventhalNew York Court of Appeals · 1981
3Cited by12 opinions
- Lavalle v. Scruggs-LeftwichAppellate Division of the Supreme Court of the State of New York · 1987
- Fishel v. New York City Conciliation & Appeals BoardNew York Supreme Court · 1984
- Grand Leasing Co. v. New York State Division of Housing & Community RenewalNew York Supreme Court · 1986
- Richcar Tavern, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
- Carlen v. HarrisAppellate Division of the Supreme Court of the State of New York · 1994
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