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COLLANA v. PERALES

123 A.D.2d 493 (1986)

Luigi Collana, Respondent, v. Cesar A. Perales, as Commissioner of The New York State Department of Social Services, et al., Appellants

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

September 26, 1986

Judgment vacated, determination unanimously modified, on the law and as modified, affirmed, without costs, in accordance with the following memorandum:

This CPLR article 78 proceeding presents a substantial evidence issue (see, CPLR 7803 [4]). Special Term erred in failing to transfer the proceeding to this court (see, CPLR 7804 [g]). We obviate this error by considering the matter on the record as if it had been transferred (Matter of Hammerl v Mavis...

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