In a proceeding pursuant to article 78 of the Civil Practice Act, the temporary city housing rent commission appeals from an order annulling its determination, which denied an application for a certificate for the eviction of a tenant from housing accommodations, and directing the issuance of such certificate. Order reversed on the law and the facts, without costs, and the petition dismissed, without costs. In our opinion, on the record presented there was no basis for a finding that the action of the commission was capricious, arbitrary or unreasonable, and the court may not substitute its judgment for that of the commission. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.