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MATTER OF HOSMER v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES

289 A.D.2d 1042 (2001)

735 N.Y.S.2d 289

In the Matter of RANDY HOSMER et al., Individually and as Adoptive Parents and Natural Guardians of CARL HOSMER, Respondents, v. NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, Appellant, et al., Respondent.

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

Decided December 21, 2001.

Judgment unanimously vacated, determination confirmed without costs and petition dismissed.

Memorandum:

Because the issue raised in this CPLR article 78 proceeding is whether the determination following an evidentiary hearing is supported by substantial evidence, Supreme Court should have transferred the proceeding to this Court (see, CPLR 7804 [g]; Matter of McKinnon v Board of Educ., 273 A.D.2d 240, 241)...

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