Opinion
October 29, 1951.
In a proceeding under article 78 of the Civil Practice Act to review a determination of the State Rent Administrator vacating and setting aside an order of eviction issued by the local rent administrator, final order granting respondents' petition and directing the State Rent Administrator to issue a certificate of eviction in favor of respondents and against the tenant of an apartment in respondents' two-family house, reversed on the law and the facts, with $10 costs and disbursements, and petition dismissed, without costs. In our opinion this record establishes that there was substantial evidence before the State Rent Administrator warranting his finding that the landlords did not seek in good faith to recover possession of the housing accommodations; that such finding is a reasonable basis for his determination, and the court may not substitute its judgment for that of the State Rent Administrator. (L. 1946, ch. 274, § 5, subd. 2, par. [a] as amd. by L. 1951, ch. 443; Matter of Mounting Finishing Co. v. McGoldrick, 294 N.Y. 104, 108; Matter of Park East Land Corp. v. Finkelstein, 299 N.Y. 70, 75.) Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.