David v. Strelecki

■ The opinion of the court was delivered

Pee Cueiam.

The facts of this case are set forth in the majority and dissenting opinions in the Appellate Division. 97 N. J. Super. 360 and 375 (1967).

We agree with the dissenting opinion of Judge Carton that the Appellate Division majority improperly weighed the evidence in the case, thereby exceeding the appellate court’s limited function of determining whether the administrative finding was based -on substantial evidence in the record as a whole. Atkinson ¶. Parsekian, 37 N. J. 143, 149 (1962). Substantially for the reasons set forth in Judge Carton’s…