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MATTER OF McCRIMMON v. DOWLING

229 A.D.2d 1029 (1996)

645 N.Y.S.2d 359

In the Matter of Linda McCrimmon et al., Respondents, v. Michael J. Dowling, as Commissioner of New York State Department of Social Services, Appellant, et al., Respondent

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

July 12, 1996

Judgment unanimously vacated, determination annulled on the law without costs and petition granted in part in accordance with the following Memorandum: Because this CPLR article 78 proceeding raises a substantial evidence question, it should have been transferred to the Appellate Division pursuant to CPLR 7804 (g) (see, Matter of Price v Coughlin, 195 A.D.2d 995; Matter of Benesch v Village of Clayton,

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