Noxon Operating Corp. v. Herman

This is a petition pursuant to article 78 of the Civil Practice Act to review respondent’s determination which held that petitioner’s premises are a well-run rooming house rather than a hotel within the statutory definitions. Since the factual determination as to petitioner’s status has ample support in the record the court may not be called upon to substitute its judgment for the respondent’s. Therefore, in the absence of a finding of arbitrariness, capriciousness, or unreasonableness, that determination must be deemed controlling.

Petitioner, however, raises a claimed constitutional question…