Beigel v. Finkelstein (275 A.D.2d 948, 1949)

There was substantial proof before the commission to sustain its determination that an immediate compelling necessity had not been established. The commission’s denial of the application, under the circumstances, was an exercise of discretion, which the courts may not disturb. (Matter of Silverman v. Finkelstein, 275 App. Div. 790, and eases cited.) Nolan, P. J., Carswell, Johnston, Wenzel and MaeCrate, JJ., concur.