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MATTER OF NELSON v. CITY OF BUFFALO FIRE DEP'T

254 A.D.2d 761 (1998)

678 N.Y.S.2d 209

In the Matter of Victor Nelson, Petitioner, v. City of Buffalo Fire Department, Respondent

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

October 2, 1998

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

At the outset, we note that, because the petition in this CPLR article 78 proceeding raised a substantial evidence question, Supreme Court should not have ruled on the other legal issue raised therein (see, CPLR 7804 [g]; Matter of Ocean v Selsky, 252 A.D.2d 984; Matter of Davis v Kelly, 145 A.D.2d...

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