Opinion
November 2, 1949.
Present — Taylor, P.J., McCurn, Vaughan, Kimball and Piper, JJ. [See post, p. 945.]
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 at a different conclusion on the evidence presented, we cannot say, as a matter of law, that there was no evidence to support the findings of the respondent county clerk. All concur. (Proceeding to annul the determination of the Wayne County Clerk in the dismissal of petitioner from his position as court clerk, and to restore him to his position.)