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MATTER OF BURNS v. CARBALLADA

1558 TP 10-01593.

79 A.D.3d 1785 (2010)

In the Matter of DEBORAH BURNS et al., Petitioners, v. CARLOS CARBALLADA, as Commissioner of Neighborhood and Business Development of City of Rochester, et al., Respondents.

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

Decided December 30, 2010.

It is hereby ordered that the order so appealed from is unanimously vacated without costs and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Supreme Court erred in transferring this CPLR article 78 proceeding to this Court pursuant to CPLR 7804 (g) because, contrary to the court's determination, the petition does not raise a substantial evidence issue (see id.; Matter of Cram v Town of Geneva...

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