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MATTER OF McMORROW v. ROZZI

136 A.D.2d 639 (1988)

In the Matter of Wayne McMorrow et al., Petitioners, v. Samuel J. Rozzi et al., Respondents

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

January 19, 1988

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

We note that the proceeding was improperly transferred since, absent a hearing, no issue arises as to the question of substantial evidence (CPLR 7804 [g]). Nevertheless, we treat the merits (see, Matter of Portugal v Webb, 91 A.D.2d 997), and dismiss the petition which...

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