
    Hans Stengel, Appellant, v. William Morehead, Respondent.
    Supreme Court, Appellate Term, First Department,
    March 10, 1949.
    
      Frederick Behr and Frederick Behr, Jr., for appellant.
    
      Nathan W. Math, Joseph Goldberg, Joseph Jay and Alfred Weinstein for Temporary City Housing Rent Commission, amicus curiæ.
    
   Per Curiam.

Having entered into possession with permission of the one entitled to possession, respondent is not a squatter or intruder within the provisions of subdivision 4 of section 1411 of the Civil Practice Act. (Williams v. Alt, 226 N. Y. 283; Frazier v. Cropsey, 124 Misc. 367.) Birdie Management Corp. v. Dunton (60 N. Y. S. 2d 673) is distinguishable, as there the decision was based upon an unlawful entry. Failure to obtain a certificate from the city rent commission authorizing institution of this proceeding also required dismissal of the petition.

The final order should be affirmed, without prejudice to the institution of a new proceeding upon obtaining certificate of eviction from city housing commission.

Hammeb and Heoht, JJ., concur; Edeb, J., concurs in result.

Final order affirmed, etc.  