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MATTER OF KERNEY v. HERNANDEZ

60 A.D.3d 544 (2009)

874 N.Y.S.2d 804

In the Matter of SHOU-MEI KERNEY, Appellant, v. TINO HERNANDEZ, as Chair of the New York City Housing Authority, et al., Respondents.

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

Decided March 24, 2009.

As the subject petition only sought review of the penalty imposed, and did not raise issues of substantial evidence, Supreme Court properly addressed the issues, rather than transferring the matter to this Court (see Matter of Charles v Commissioner, NY State Dept. of Social Servs., 240 A.D.2d 490 [1997]). Were we to conduct a de novo review, we would find that the determination was supported by substantial evidence that petitioner...

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