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MATTER OF JOSEPH PAUL WINERY, INC. v. STATE

35, 101755/13

135 A.D.3d 639 (2016)

24 N.Y.S.3d 64

2016 NY Slip Op 00581

In the Matter of JOSEPH PAUL WINERY, INC., Respondent, v. STATE OF NEW YORK et al., Appellants.

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

Decided January 28, 2016.

Supreme Court should have transferred the proceeding to this Court, since the petition raised a substantial evidence issue, and since petitioner's due process objections did not terminate the entire proceeding (see CPLR 7804[g]). Accordingly, we will decide all issues as if the proceeding had been properly transferred (see id.; Matter of Roberts v Rhea, 114 A.D.3d 504, 504 [1st Dept 2014]).

By statute, petitioner...

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