Opinion
April 11, 1949.
Present — Nolan, P.J., Carswell, Adel, Sneed and MacCrate, JJ.
In a proceeding under article 78 of the Civil Practice Act, final order denying appellant's application for an order directing the temporary city housing rent commission to issue a certificate of eviction, and dismissing the petition, unanimously affirmed, with $20 costs and disbursements to respondents. In our opinion there was substantial proof before the commission to warrant the finding that appellant created the hardship which she has urged as her compelling necessity. Under such circumstances the commission's denial of the application for a certificate of eviction was a proper exercise of its discretion which the courts may not disturb. ( Matter of Gardella v. Ross, 274 App. Div. 889; Matter of Clemente v. Finkelstein, 274 App. Div. 1069; Matter of Marburg v. Cole, 286 N.Y. 202, 208; Matter of Mounting Finishing Co. v. McGoldrick, 294 N.Y. 104, 108.)