Opinion
Argued March 28, 1978
Decided April 27, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS J. HUGHES, J.
Abraham M. Lindenbaum for Rent Stabilization Association of New York, Inc., appellant.
Allen G. Schwartz, Corporation Counsel (Ronald E. Sternberg and L. Kevin Sheridan of counsel), for Housing and Development Administration, appellant.
William E. Rosen and Ellis S. Franke for New York City Conciliation and Appeals Board, appellant.
Kent Karlsson for intervenor-appellant.
Robert S. Fougner for respondent.
MEMORANDUM.
The order appealed from should be reversed, with costs, and the judgment of Supreme Court, New York County reinstated, for the reasons stated in the dissenting opinion of Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division (56 A.D.2d, at pp 403-405). We would note, however, that this result is founded upon the quasi-voluntary nature of the Rent Stabilization Association, and we express no opinion as to whether the statute authorizes a public agency to impose the type of regulation here in issue.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order reversed, with costs, and judgment of Supreme Court, New York County, reinstated in a memorandum.