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MATTER OF IRONDEQUOIT ASSEMBLY OF GOD v. PLANNING BD. OF TOWN OF IRONDEQUOIT

244 A.D.2d 1002 (1997)

668 N.Y.S.2d 964

In the Matter of Irondequoit Assembly of God, Petitioner, v. Planning Board of Town of Irondequoit, Respondent

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

November 19, 1997

Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Inasmuch as the petition in this CPLR article 78 proceeding does not present a substantial evidence issue (see, CPLR 7803 [4]), Supreme Court improperly transferred the proceeding to this Court (see, CPLR 7804 [g]; Matter of Dubb Enters. v New York State Liq. Auth.<...

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