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MATTER OF EDGAR v. JORLING

225 A.D.2d 770 (1996)

639 N.Y.S.2d 954

In the Matter of Ronald Edgar et al., Petitioners, v. Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, Respondent

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

March 25, 1996

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

We note that, because the Commissioner's determination was not made after a hearing, this proceeding does not raise a question of substantial evidence (see, CPLR 7803 [4]). Therefore, the Supreme Court erred in transferring the proceeding to this Court (see, CPLR 7804 [g]; Matter of Harris v New York State Div. of Parole, 211...

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