Opinion
December 17, 1951.
Present — Nolan P.J., Carswell, Adel, Sneed and Wenzel, JJ.
Final order in a proceeding under article 78 of the Civil Practice Act which dismissed appellant's petition and denied his application to annul a determination of the State Rent Administrator affirming an order of the local rent administrator granting a certificate of eviction to appellant's landlord, unanimously affirmed, without costs. In our opinion the record presents substantial evidence warranting the findings of the State Rent Administrator that appellant's landlord, in good faith, sought possession of the housing accommodations for an immediate and compelling necessity for use and occupancy by the landlord's daughter and her family, and that the determination sought to be annulled is neither arbitrary nor capricious. Under such circumstances the courts may not set aside the determination. (State Residential Rent Law [L. 1946, ch. 274, as amd. by L. 1951, ch. 443], § 9, subd. 2; Matter of Park East Land Corp. v. Finkelstein, 299 N.Y. 70, 75, and cases there cited.)