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MONTEPAGANI v. NEW YORK CITY DEPARTMENT OF HEALTH, DIVISION OF VITAL RECORDS

5311, 5312, 104767/09.

85 A.D.3d 474 (2011)

924 N.Y.S.2d 784

2011 NY Slip Op 4819

NINA VIOLA MONTEPAGANI, Formerly Known as SEBASTIANA VIOLA MONTEPAGANI, Appellant, v. NEW YORK CITY DEPARTMENT OF HEALTH, DIVISION OF VITAL RECORDS, Respondent.

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

Decided June 9, 2011.

We find that the IAS court property denied the petition both in its original order and upon renewal. As a preliminary matter, because petitioner's proofs failed to raise any issue of material fact, the proceeding was properly determined without a hearing (see Matter of Battaglia v Schuler, 60 A.D.2d 759 [1977]). There was no quasi-judicial hearing before respondent agency. Thus, the IAS...

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