Ghigone v. Joy

In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Office of Rent and Housing Maintenance, the commissioner appeals from a judgment of the Supreme Court, Richmond County (Rubin, J.), dated May 29, 1980, which, inter alia, (1) annulled his determination that (a) the first floor apartment at 143 Van Pelt Avenue, Staten Island, was subject to rent control, (b) set a *840maximum rent therefor, and (c) directed the return of rents paid in excess of the maximum rent allowed, and (2) granted judgment to the petitioner. Judgment reversed, on the law, with $50…