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SAWMA v. PERALES

129 A.D.2d 976 (1987)

Martin J. Sawma, Appellant, v. Cesar J. Perales, as Commissioner of New York State Department of Social Services, Respondent

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

April 3, 1987

Judgment vacated on the law, determination unanimously confirmed and petition dismissed without costs.

Memorandum:

Although petitioner sought mandamus and claimed that respondent's determination was arbitrary and capricious, the only issue in this CPLR article 78 proceeding is whether respondent's determination made after a fair hearing is supported by substantial evidence in the record (CPLR 7803 [4]). Special Term should have transferred the matter to this...

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