Gandy v. Blum

Herlihy, J. (concurring). While I am of the opinion that there was a rational basis for the decision of the commissioner, I agree that there should be a reversal in view of the recent decision of the Court of Appeals in Matter of French v Blum (54 NY2d 1017). Because of this and other decisions by the attorneys for petitioner herein, I feel that it is necessary to comment concerning their procedure. In his decision, the commissioner stated as follows: “It is noted, however, that reference was made at the hearing to extensive arrears for heating oil bills, although no exact proof was produced.…