Zerino v. Coster

There is a basis in the record for the commission’s determination that the respondent Zerino failed to establish an immediate compelling necessity for the eviction of the tenant Hogan; hence it may not be said that the action of the commission was arbitrary or capricious, and the court may not substitute its judgment for that of the commission. (Matter of Vinti v. Finkelstein, 275 App. Div. 956, and cases cited therein.) Nolan, P. J., Carswell, Adel, Sneed and MacCrate, JJ., concur.