Majority
p. 796In the Matter of Ottavio Natalicchio, Respondent, against Joseph D. McGoldrick, as State Rent Administrator, Appellant, and Salvatore Losi, Intervener, Appellant.
Substantial evidence having been adduced before the State Rent Administrator to warrant his determination, the Special Term was without authority to substitute its judgment for that of the State Rent Administrator. (Matter of Kaplan v. McGoldrick, 279 App. Div. 615 .) In view of the foregoing, the motion to dismiss the appeal of the intervener, renewed on argument, is dismissed as academic. Carswell, Acting P. J., Johnston, Adel, Wenzel and MaeCrate, JJ., concur. [See post, p. 869.]