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MATTER OF UNITED HEBREW GERIATRIC CENTER v. DEBUONO

267 A.D.2d 390 (1999)

700 N.Y.S.2d 728

In the Matter of UNITED HEBREW GERIATRIC CENTER, Petitioner, v. BARBARA A. DEBUONO, et al., Respondents.

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

Decided December 20, 1999.

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

Initially, we note that inasmuch as the petition did not raise a question of substantial evidence, the matter was improperly transferred here (see, CPLR 7804 [g]). However, in the interest of judicial economy, we elect to retain jurisdiction and determine the issue raised on the merits (see, e.g., Matter of 125 Bar Corp. v State Liq. Auth.,

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