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MATTER OF SPILKA BUS CORP. v. BD. OF EDUC. OF THE CITY OF NEW YORK

83 A.D.2d 853 (1981)

In the Matter of Spilka Bus Corporation, Appellant, v. Board of Education of the City of New York et al., Respondents

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

August 10, 1981

Determination confirmed and proceeding dismissed on the merits, with costs.

Initially, we note that the petition raises both issues of fact and law. Under such circumstances, it is clear that the proceeding was properly transferred by Special Term to this court for disposition in the first instance (CPLR 7804, subd [g]; Matter of Mistler v Tofany, 39 A.D.2d 710; cf. Matter of...

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