Opinion
December 2, 1991
Appeal from the Supreme Court, Nassau County (Winick, J.).
Ordered that the judgment is affirmed insofar as appealed from, with costs.
The appellant contends that the court's decision annulling its determination is based upon facts which were not before it when it made its determination. However, the record shows that the facts leading to the court's decision that the petitioner John Coupe was a Nassau County resident for purposes of Public Officers Law § 3 (2) at the time the appellant disqualified him were before the appellant when it issued its determination. Mangano, P.J., Kunzeman, Eiber and Balletta, JJ., concur.