MATTER OF FONSECA v. HERMAN

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, ch. 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.