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MATTER OF MASTROIANNI v. STRADA

173 A.D.2d 827 (1991)

In the Matter of Anthony Mastroianni et al., Petitioners, v. Ernest J. Strada et al., Respondents

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

May 31, 1991

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

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 respondents' determination herein is not whether there was substantial evidence in support thereof, but rather whether the determination was "arbitrary and capricious" (CPLR 7803 [3]; see...

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