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MATTER OF BERNARD v. McGOLDRICK

286 A.D. 831 (1955)

In the Matter of Milton Bernard, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, and as Commissioner of The Temporary State Housing Rent Commission, Respondent-Appellant, and Nathan Schulman et al., Intervenors-Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 16, 1955.

The tenant having withdrawn the prior proceeding may not be permitted to reinstate it and thus extend the time limitation for the institution of an article 78 proceeding. Especially is this so since subsequent to the commencement of the original proceeding the tenant acquiesced in the ruling of the rent commission by paying the very rent which he then protested. Any arrangement which the tenant may have made with the landlord leading...

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