In a proceeding under article 78 of the Civil Practice Act, order granting respondent's motion to review and annul the determination of the appellant State Rent Administrator, which denied the respondent's application for a certificate of eviction, and directing the issuance of such certificate, reversed on the law and the facts, without costs, and motion denied, without costs. Substantial evidence having been adduced before the State Rent Administrator to warrant his determination, the Special Term was without authority to substitute its judgment for that of the State Rent Administrator. ( Matter of Kaplan v. McGoldrick, 279 App. Div. 615.) In view of the foregoing, the motion to dismiss the appeal of the intervener, renewed on argument, is dismissed as academic. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 869.]