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MATTER OF LUGO v. McGOLDRICK

285 A.D. 465 (1955)

In the Matter of Pedro Lugo, Respondent, v. Joseph D. McGoldrick, as State Rent Administrator, Appellant

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

March 1, 1955.

Attorney(s) appearing for the Case

Norman S. Fenton of counsel (Walter S. Fried, attorney), for appellant.

Godfrey Julian Jaffe for respondent.

PECK, P. J., CALLAHAN and BOTEIN, JJ., concur in Per Curiam opinion; BREITEL, J., dissents in opinion in which BASTOW, J., concurs.

Per Curiam.

This case presents the question, left open in our decision in Matter of Steiner v. McGoldrick (280 App. Div. 971), of the jurisdiction of the State Rent Commission to reconsider and rescind a certificate of eviction after the Municipal Court has entered a final order upon the certificate but during the time that a stay of the order is in effect.

The ground upon which the commission acted in...

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