Silverman v. Finkelstein (275 A.D.2d 790, 1949)

There was substantial proof before the commission to sustain its determination that a compelling necessity had not been established. The commission’s denial of the application for a certificate of eviction, under the circumstances, was an exercise of discretion, which the courts may not disturb. (Matter of Engel v. Finkelstein, 275 App. Div. 779, and cases cited therein.) Nolan, P. J., Carswell, Sneed and MaeCrate, JJ., concur; Adel, J., dissents and votes to affirm.