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MATTER OF HARRIS v. SIELAFF

187 A.D.2d 272 (1992)

In the Matter of Jeffrey Harris, Petitioner, v. Allyn R. Sielaff, as Correction Commissioner of The City of New York, et al., Respondents

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

November 5, 1992

Since petitioner is foreclosed from challenging the sufficiency of the evidence due to his default (Matter of Alfaro Motors 241st St. v Nardelli, 171 A.D.2d 438, 439), the proceeding should not have been transferred to this Court notwithstanding that the petition alleges lack of substantial evidence (see, Matter of Bonded Concrete v Town Bd., 176 A.D.2d 1137). As for the claim in...

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