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

34 A.D.3d 684 (2006)

824 N.Y.S.2d 659

In the Matter of JOHN PATTERSON et al., Petitioners, v. STATE OF NEW YORK OFFICE OF CHILDREN AND FAMILY SERVICES et al., Respondents.

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

Decided November 21, 2006.

Ordered that the appeal is dismissed and the judgment is vacated; and it is further,

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

Since questions of substantial evidence are involved, this proceeding should have been transferred to this Court pursuant to CPLR 7804 (g). However, this Court will treat the matter as one initially transferred here and will review the administrative...

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