Nieto v. Previte — 54 A.D.2d 514

Majority

p. 514

In the Matter of Gerard J. Nieto, Respondent, v John J. Previte et al., Constituting the Board of Elections of the City of New York, Respondent, and Kenneth W. Drummond, Appellant.

Judgment, Supreme Court, Bronx County, entered on August 25, 1976, unanimously affirmed, without costs and without disbursements. It cannot be said, as a matter of law, that there are insufficient findings in the referee’s report of irregularities, improprieties and fraudulent practices. (See Matter of Mercorella v Benza, 37 NY2d 792 ; 49 AD2d 716 .) We have no transcript of the evidence and therefore cannot say that the referee’s findings are not supported by the evidence. Concur&emdash;Stevens, P. J., Kupferman, Silverman, Capozzoli and Nunez, JJ.

Cases cited

Mercorella v. Benza 37 NY2d 792 N.Y. 1975-09-03 p. 514