In a proceeding under article 78 of the Civil Practice Act, order directing the Temporary City Housing Rent Commission of the City of New York to issue a certificate of eviction, reversed on the law, without costs, and the petition dismissed, without costs. 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.