Galiber v. Previte

Judgment, Supreme Court, Bronx County, unanimously affirmed, without costs and without disbursements, for the reasons given by the referee. (See, also, Election Law, §§ 330, 335; CPLR 4403.) Appellant’s oral application for leave to appeal to the Court of Appeals is granted. Concur&emdash;Stevens, P. J., Silverman, Capozzoli and Nunez, JJ; Kupferman, J., concurs in the result in a memorandum, as follows: The respondent-appellant raises several interesting questions which warrant further consideration by the Court of Appeals. If CPLR 4320 (subd [b]) requires the referee to file his report…