Opinion
June 13, 1949.
In a proceeding under article 78 of the Civil Practice Act, the temporary city housing rent commission appeals from an order annulling its determination and directing the issuance of a certificate of eviction. Order reversed on the law, with $20 costs and disbursements, and the petition dismissed, without costs. There was substantial proof before the commission to sustain its determination that an immediate compelling necessity had not been established. The commission's denial of the application, under the circumstances, was an exercise of discretion, which the courts may not disturb. ( Matter of Silverman v. Finkelstein, 275 App. Div. 790, and cases cited.) Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ., concur.