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MATTER OF GIORGIANNI v. CITY OF NEW YORK

255 A.D.2d 119 (1998)

678 N.Y.S.2d 896

In the Matter of Anthony Giorgianni et al., Appellants, v. City of New York et al., Respondents

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

November 5, 1998

The IAS Court having improperly entertained the issue of substantial evidence (CPLR 7804 [g]), this Court will treat the substantial evidence issue de novo and determine the proceeding as if it had been properly transferred (Matter of 902 Assocs. v New York City Loft Bd., 229 A.D.2d 351). Respondent's determination that petitioners failed to demonstrate that they satisfied all of the requirements...

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