MATTER OF NOXON OP. CORP. v. HERMAN


32 Misc.2d 557 (1961)

In the Matter of Noxon Operating Corporation, Petitioner, v. Robert E. Herman, as State Rent Administrator, Respondent.

Supreme Court, Special Term, New York County.

December 18, 1961


Attorney(s) appearing for the Case

Freedman & Lilienthal (Robert H. Schaffer, Irving S. Freedman and Harris L. Present of counsel), for petitioner. Harold Zucker and Jacob B. Ward for respondent.


JACOB MARKOWITZ, J.

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...

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