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MATTER OF OZNOR CORPORATION v. COUNTY OF MONROE

60 A.D.3d 1492 (2009)

875 N.Y.S.2d 727

In the Matter of OZNOR CORPORATION, Doing Business as CLAWSON'S GROCERY, Petitioner, v. COUNTY OF MONROE et al., Respondents.

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

Decided March 27, 2009.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this proceeding seeking to annul the determination that it violated the Public Health Law by selling tobacco to a minor. Initially, we note that the petition raises no substantial evidence issue, and thus Supreme Court erred in transferring the proceeding to this Court pursuant to CPLR 7804 (g). Nevertheless, we consider...

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