Opinion
June 13, 1949.
In proceedings pursuant to article 78 of the Civil Practice Act, orders annulling determinations by appellants, which denied respondents' applications for issuance of certificates for the evictions of tenants from a two-family dwelling, and directing appellants to issue such certificates, reversed on the law and the facts, without costs, and the petitions dismissed, without costs. The finding of the commission on the issue of good faith was an unwarranted exercise of discretion. The determinations of the commission in the only orders made (and those are the only ones subject to review) that respondents failed to establish payment in cash to the seller of 20% of the purchase price, is based on the undisputed and conceded proof. The subsequent reductions of the mortgage in this case cannot be deemed to be part of the cash down payment. ( Matter of Brown v. Finkelstein, 275 App. Div. 772.) Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.