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IN THE MATTER OF TUTUIANU v. STATE

22 A.D.3d 503 (2005)

802 N.Y.S.2d 465

In the Matter of MIHAIL TUTUIANU, Respondent-Appellant, v. NEW YORK STATE et al., Appellants-Respondents.

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

October 3, 2005.

Ordered that the appeals and the cross appeal are dismissed and the judgment is vacated, without costs or disbursements; and it is further,

Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

Since the petition raises a substantial evidence question, and the remaining points raised by the petitioner that were disposed...

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