The authority of an intermediate appellate court to review a record is as broad as that of the trial court (Northern Westchester Professional Park Assocs. v. Town of Bedford, 60 N.Y.2d 492, 499). Based upon the evidence introduced at trial of this owner-occupancy proceeding, the second one that had been brought by petitioners, the landlords herein, the Appellate Term was amply warranted in finding that they had failed to prove, by a preponderance of the evidence, that petitioner Peggy Nestor had a genuine intention to occupy respondent's apartment for the personal use of herself and her adult daughter and, therefore, she had not met the requirements of Rent Stabilization Code (9 NYCRR) § 2524.4 (a) (1). Indeed, although the Civil Court had reluctantly concluded that petitioners were entitled to recover the tenant's rent stabilized apartment, it made no express findings as to petitioners' credibility and good faith.
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.