Opinion
June 30, 1958
In a proceeding to review a determination of the State Rent Administrator, which denied an application for a certificate of eviction against the tenant of an apartment in respondent's three-family house, the appeal is from an order annulling said determination and directing the issuance of a certificate. Order reversed, without costs, and petition dismissed, with $10 costs and disbursements. A question of fact with respect to good faith was presented for the determination of the State Rent Administrator, and the court may not substitute its judgment for his ( Matter of Friedman v. Weaver, 3 N.Y.2d 123; Matter of Park East Land Corp. v. Finkelstein, 299 N.Y. 70, 75; Matter of Marcus v. McGoldrick, 281 App. Div. 764). Nolan, P.J., Beldock, Murphy, Ughetta and Hallinan, JJ., concur.