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MATTER OF OGLESBY v. NEW YORK CITY HOUSING AUTHORITY

2008-07967.

66 A.D.3d 905 (2009)

887 N.Y.S.2d 266

2009 NY Slip Op 7642

In the Matter of VERNAE OGLESBY, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided October 20, 2009.

Ordered that the appeal is dismissed and the judgment is vacated; and it is further,

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

Since the petition raises the question of whether the challenged determination is supported by substantial evidence, the Supreme Court should have transferred the proceeding to this Court without deciding the merits of the petition...

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