MATTER OF NIETO v. PREVITE


54 A.D.2d 514 (1976)

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

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

August 26, 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 N.Y.2d 792; 49 A.D.2d 716.) We have no transcript of the evidence and therefore cannot say that the referee's findings are not supported...

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