Opinion
January 21, 1971
Judgment, Supreme Court, New York County, dated May 11, 1970 and entered November 25, 1970, annulling the determination of the Commissioner of the Department of Rent and Housing Maintenance, which had denied an application by a landlord pursuant to section 55-a of the Rent, Eviction and Rehabilitation Regulations for a certificate of eviction, reversed on the law, without costs and without disbursements, the petition dismissed and the determination of respondent reinstated. In our opinion, the determination of the Commissioner was neither arbitrary nor capricious and had a reasonable basis in the record. It was not for the court to substitute its judgment for that of the Commissioner. (See Matter of Colton v. Berman, 21 N.Y.2d 322; Matter of Friedman v. Weaver, 3 N.Y.2d 123.) The record is sufficient to establish a rational basis for the finding that the landlord was not proceeding in good faith and had failed to establish an immediate and compelling necessity.
Concur — Stevens, P.J., Capozzoli, McGivern and Macken, JJ.; Nunez, J., dissents and votes to affirm on the opinion at Special Term.