IN THE MATTER OF WALLACE v. ENVIRONMENTAL CONTROL BOARD OF CITY OF NEW YORK


8 A.D.3d 78 (2004)

778 N.Y.S.2d 477

In the Matter of JOANNE WALLACE, Appellant, v. ENVIRONMENTAL CONTROL BOARD OF THE CITY OF NEW YORK (DEPT. OF CONSUMER AFFAIRS), Respondent.

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

June 10, 2004.


Petitioner's argument that the determination is not supported by substantial evidence is improperly raised for the first time on appeal, and we decline to consider it. So too is her argument that she is entitled to a new hearing because the unavailability of the hearing transcripts makes review of her claim impossible. Indeed, in the latter regard, petitioner took the opposite position before the IAS court, arguing that it could decide her CPLR

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