¶1— Judgment,
¶2Supreme Court, New York County (Edward H. Lehner, J.), entered August 28, 2009, unanimously reversed, on the law and the facts, without costs, and petitioner’s motion to validate the petition denied.
¶3Supreme Court abused its discretion in rejecting the credibility determinations of the Special Referee. Furthermore, there was insufficient evidence of record to validate the 39 “D’Ornellas” signatures. Concur — Gonzalez, P.J., Andrias, Catterson, Acosta and Renwick, JJ.