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MATTER OF BRAVATA'S CARTING, INC. v. TOWN OF HUNTINGTON

120 A.D.2d 521 (1986)

In the Matter of Bravata's Carting, Inc., Petitioner, v. Town of Huntington, Respondent

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

May 5, 1986

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

Initially, we note that the instant proceeding was erroneously transferred to this court pursuant to CPLR 7804 (g) since the standard of review to be applied in assessing the propriety of the respondent's determination herein is not whether there was substantial evidence in support thereof, but rather whether the determination was "arbitrary and...

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