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MATTER OF BUTLER v. TOWN OF THROOP

303 A.D.2d 976 (2003)

756 N.Y.S.2d 678

In the Matter of MICHAEL BUTLER, Petitioner, v. TOWN OF THROOP et al., Respondents.

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

Decided March 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously vacated without costs and the matter is remitted to Supreme Court, Cayuga County, for further proceedings in accordance with the following memorandum: Supreme Court transferred the proceeding herein to this Court pursuant to CPLR 7804 (g) on the ground that the petition raises an issue of substantial evidence. That was error. The determination was not "made as a result of a hearing...

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