Opinion
August 23, 1984
Appeal from the Supreme Court, Nassau County (Vitale, J.).
Appeal dismissed, without costs or disbursements.
This appeal presents mixed questions of law and fact. Although a hearing at which testimony was taken and during which certain stipulations were entered into was conducted before Special Term, no transcript of the hearing was submitted. Under the circumstances here present, this court does not have a sufficient basis to review Special Term's determination and the appeal must be dismissed (see Matter of Hutchinson v McNab, 96 A.D.2d 919). Brown, J.P., Rubin, Lawrence and Eiber, JJ., concur.