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MATTER OF APARICIO v. ENVIRONMENTAL CONTROL BOARD OF CITY OF NEW YORK

2010-07064

83 A.D.3d 1054 (2011)

921 N.Y.S.2d 571

In the Matter of WALTER APARICIO, Respondent, v. ENVIRONMENTAL CONTROL BOARD OF CITY OF NEW YORK, Appellant.

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

Decided April 26, 2011.

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; and it is further,

Ordered that one bill of costs is awarded to the Environmental Control Board of the City of New York.

Since a question of substantial evidence is involved, the proceeding should have been...

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