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MATTER OF RAUCH v. DEBUONO

265 A.D.2d 797 (1999)

696 N.Y.S.2d 923

In the Matter of ARTHUR RAUCH, Deceased, by IRENE A. RAUCH, Individually and as Surviving Spouse, Petitioner, v. BARBARA A. DEBUONO, as Commissioner of New York State Department of Health, et al., Respondents.

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

Decided October 1, 1999.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Although this proceeding should not have been transferred to this Court pursuant to CPLR 7804 (g) inasmuch as the issue of substantial evidence was not raised, we nevertheless consider the merits in the interest of judicial economy (see, Matter of Moulden v Coughlin, 210 A.D.2d 997). Following...

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