Rolinski v. Altman — 37 A.D.2d 779

Majority

p. 779

In the Matter of Anna Rolinski et al., Respondents, v. Benjamin Altman, as Commissioner of Housing of the Department of Rent and Housing Maintenance, et al., Appellants.

In a proceeding pursuant to article 78 of the CPLR to annul a determination of appellant Altman, the New York City Rent Commissioner, revoking a certificate of eviction, the appeals are from a judgment of the Supreme Court, Queens County, entered January 6, 1971, which granted the application. Judgment reversed, on the law, without costs; petition dismissed on the merits; and determination of appellant Commissioner confirmed. In our view there existed a rational basis in the record for the Commissioner’s finding that there was no “ immediate and compelling necessity ” to evict appellant Lebwohl. Accordingly, the learned Special Term ought not have substituted its judgment for that of the Commissioner. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur.