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IN THE MATTER OF DAVIS v. ROLDAN

54 A.D.3d 944 (2008)

864 N.Y.S.2d 158

In the Matter of PATRICK DAVIS, Petitioner, v. PAUL A. ROLDAN, as Deputy Commissioner of State of New York Division of Housing and Community Renewal, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 23, 2008.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

The Supreme Court should not have transferred this proceeding to this Court because there was no administrative hearing and the petition did not raise any question as to whether the challenged determination was supported by substantial evidence (see CPLR 7803 [4]; 7804 [g]; Matter of 125 Bar Corp. v State Liq. Auth. of State of N.Y...

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