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 of eviction, and directing the issuance of such certificate to respondent. Respondent, who had purchased a half interest in a two-family house, sought to evict a tenant, who occupied one apartment therein, while the former owner of the premises, who had conveyed the half interest therein to respondent, continued to occupy the other apartment. Order reversed on the law and the facts, without costs, and the petition dismissed, without costs. On the record presented, we find 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. Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.