In the Matter of Palmira Fonseca, on Behalf of Herself and All Other Tenants Similarly Situated, Respondent, v. Robert E. Herman, as State Rent Administrator, et al., Appellants.
[MAJORITY]
Order, entered on January 5,1961, annulling the determination of the State Rent Administrator issued October 7,1960, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to respondents-appellants, and the petition dismissed, with $10 costs. The statutory provision with reference to the time for final action of the rent commission after the entry of the court’s order of remand (Emergency Housing Rent Control Law, § 8, subd. 4; L. 1946, eh. 274, as amd.) is directory and not a Statute of Limitation. (Matter of Kaplan v. Weaver, 4 A D 2d 865; Matter of Funaro v. Herman, 13 A D 2d 626.) Concur —McNally, J. P., Stevens, Eager, Steuer and Bastow, JJ.