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MATTER OF FILONUK v. RHEA

5013, 104898/10.

84 A.D.3d 502 (2011)

922 N.Y.S.2d 367

In the Matter of LOUANN FILONUK, Appellant, v. JOHN B. RHEA, as Chairperson of the New York City Housing Authority, Respondent.

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

Decided May 10, 2011.

The subject petition raised an issue of substantial evidence and thus the proceeding should have been transferred to this Court pursuant to CPLR 7804 (g). Accordingly, we will "treat the substantial evidence issues de novo and decide all issues as if the proceeding had been properly transferred" (Matter of Jimenez v Popolizio, 180 A.D.2d 590, 591 [1992]).

The determination that petitioner did not qualify for RFM status is...

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