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MATTER OF CARROLL v. HUCKLE

276 A.D. 816 (1949)

In the Matter of John F. Carroll, Petitioner, v. Clarence Huckle, as Wayne County Clerk, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 2, 1949.

Determination confirmed, without costs.

Memorandum:

In this review we are not permitted to pass upon the weight of evidence; we must affirm if we find there was any substantial evidence from which the county clerk could find that petitioner was guilty of the charges preferred against him (Matter of Miller v. Kling, 291 N.Y. 65; Matter of Humphrey v. State Ins. Fund, 298 N.Y. 327). While we might, if we were the triers of the fact, have arrived...

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