MATTER OF NATIELLO v. CARRION

2009-07056.

73 A.D.3d 1070 (2010)

905 N.Y.S.2d 605

In the Matter of CARMELLA NATIELLO, Appellant, v. GLADYS CARRION, Respondent.

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

Decided May 18, 2010.


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

Adjudged that the petition is granted, on the law, with costs, the determination is annulled, and the matter is remitted to the respondent to amend the incident report to an unfounded report and to seal the amended report.

Since questions of substantial evidence are involved herein, this proceeding should have been transferred to this Court pursuant to CPLR 7804 (g). However...

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