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MATTER OF REAPE v. GUNN

154 A.D.2d 682 (1989)

In the Matter of Harold Reape, Petitioner, v. David L. Gunn, as President of The New York City Transit Authority, et al., Respondents

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

October 30, 1989

Ordered that the judgment is vacated, on the law, without costs or disbursements; and it is further,

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.

Inasmuch as the petition raises a substantial evidence question, the Supreme Court erred in not transferring the proceeding to the Appellate Division (CPLR 7804 [g]; 7803 [4]; Matter of Mistler v Tofany, 39 A.D...

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