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MATTER OF NATIVIDAD v. GLEN COVE HOUSING AUTHORITY

308 A.D.2d 542 (2003)

764 N.Y.S.2d 848

In the Matter of MANUEL NATIVIDAD, Petitioner, v. GLEN COVE HOUSING AUTHORITY et al., Respondents.

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

Decided September 22, 2003.

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; and it is further,

Ordered that one bill of costs is awarded to the respondents.

Since the petition raises a substantial evidence question, the Supreme Court should have transferred the proceeding to the Appellate Division. Nonetheless, since the record...

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