In a proceeding under article 78 of the Civil Practice Act, final order annulling the determination of the temporary city housing rent commission, which had denied the application of respondent Alfonso Vinti for a certificate of eviction, and ordering the issuance of such certificate, reversed on the law and the facts, without costs, and the petition dismissed, without costs. In our opinion the facts warranted the commission's determination that respondent Alfonso Vinti had failed to establish a compelling necessity for the premises. There is no basis for a finding 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 Kinsman v. Finkelstein, 274 App. Div. 895; Matter of Keller v. Coster, 274 App. Div. 932). Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur. [ 195 Misc. 43.]