Opinion
278 A.D. 347 105 N.Y.S.2d 152 In the Matter of R. E. ASSOCIATES INCORPORATED, Appellant, v. JOSEPH D. MCGOLDRICK, as State Rent Administrator, Respondent. Supreme Court of New York, First Department. June 12, 1951
APPEAL from an order of the Supreme Court at Special Term (A. J. LEVY, J.), entered May 3, 1951, in New York County, which dismissed a petition in a proceeding under article 78 of the Civil Practice Act to review an order made by respondent.
COUNSEL
Harris Jay Griston for appellant.
Robert H. Schaffer for respondent.
Per Curiam.
Denial of a protest of a regulation or order of the State Rent Administrator does not become final until notice of such denial has been given to the parties. The statute provides that a proceeding may be taken in the Supreme Court under article 78 of the Civil Practice Act to review such denial order within thirty days. (State Residential Rent Law, § 9, subd. 1; L. 1950, ch. 250, as amd. by L. 1951, ch. 443.) Where as here the notice is given by mail, we think a fair construction of the statute is that the thirty days begin to run from the date of the mailing of the administrator's order to the aggrieved party. Because section 164 of the Civil Practice Act adds three days in case of mailing, the proceedings herein were initiated within the statutory limit.
The order should be unanimously reversed, with $20 costs and disbursements to appellant, and motion denied.
GLENNON, J. P., COHN, CALLAHAN, SHIENTAG and HEFFERNAN, JJ., concur.
Order unanimously reversed, with $20 costs and disbursements to the appellant and the motion denied. Settle order on notice.