In the Matter of Feinbart Realty Corp., Respondent, v. Robert E. Herman, as State Rent Administrator, Appellant

In the Matter of Feinbart Realty Corp., Respondent, v. Robert E. Herman, as State Rent Administrator, Appellant. [MAJORITY] In a proceeding by a landlord of residential property, pursuant to article 78 of the Civil Practice Act: (a) to annul a determination of the appellant rent authorities, dated February 23,1962, which cancelled maximum rent increases theretofore ordered by a Local Rent Administrator; and (b) to compel such increases to be reinstated retroactively to that date, the State Rent Administrator appeals from the following two orders of the Supreme Court, Kings County: (1) an order entered April 30, 1962, which denied said appellants’ cross motion to dismiss the petition for patent insufficiency (see 34 Misc 2d 70); and (2) an order entered August 10, 1962, which inter alia granted said petition; annulled said determination; and directed that, effective as of February 23, 1962, said rent increases be reinstated. Orders reversed on the law, without costs; cross motion to dismiss the petition granted; and petition dismissed (Capway Realty Corp. v. Temporary State Housing Rent Comm., 18 A D 2d 687; Matter of Solmar Realty Corp. v. Temporary State Housing Rent Comm., 18 A D 2d 705). No questions of fact were considered. Beldoek, P. J., Kleinfeld, Christ, Brennan and Rabin, JJ., concur.