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MATTER OF SMALL v. CITY OF NEW YORK DEPARTMENT OF SANITATION

2009-06703.

74 A.D.3d 828 (2010)

901 N.Y.S.2d 552

In the Matter of ROBERT SMALL, Appellant, v. CITY OF NEW YORK DEPARTMENT OF SANITATION et al., Respondents.

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

Decided June 1, 2010.

Ordered that the judgment is affirmed, with costs.

Generally, judicial review of an administrative determination made after a hearing required by law, and at which evidence was taken, is limited to whether that determination is supported by substantial evidence (see CPLR 7803 [4]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 179 [1978]; Matter of 105 Northgate Coop. v Donaldson,

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