Fifth Avenue Estates, Inc. v. Weaver

In this article 78 proceeding petitioner seeks a review of a determination of respondent that a certain apartment is not decontrolled. The application is based on subdivision 18 of section 9 of the State Rent and Eviction Regulations. While petitioner challenges the validity of the subsection it also claims that the determination violates the section itself. The challenge to the validity of the section is the same as made by the same petitioner in another petition of even date and decided herewith (16 Mise 2d 432). As the subdivision was there held to be valid the question is whether the…