Opinion
July 20, 1970
In a proceeding pursuant to article 78 of the CPLR to review a determination of the Commissioner of the Department of Rent and Housing Maintenance, dated March 6, 1969, affirming an order of the Brooklyn District Rent Director, dated December 10, 1968, denying petitioner landlord's application for a certificate to evict a tenant from an apartment, the appeal is from a judgment of the Supreme Court, Kings County, entered September 9, 1969, which annulled the determination, granted the application and remanded the matter to the Commissioner with directions to issue the requested certificate (the judgment stayed the certificate until Aug. 1, 1970). Judgment reversed, on the law, without costs, determination confirmed and proceeding dismissed on the merits. In our opinion the Commissioner's findings that petitioner (the landlord) did not proceed in good faith and failed to establish an immediate and compelling necessity for the subject accommodation has a rational basis in the record (cf. Matter of Colton v. Berman, 21 N.Y.2d 322; Matter of Morina v. Berman, 31 A.D.2d 630; Matter of Cuccia v. Weaver, 9 A.D.2d 689) and, accordingly, cannot be deemed arbitrary or capricious. Christ, P.J., Rabin, Hopkins, Munder and Benjamin, JJ., concur.