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MATTER OF GONZALEZ v. STATE OF NEW YORK OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

6048, 250695/10.

89 A.D.3d 547 (2011)

932 N.Y.S.2d 487

2011 NY Slip Op 8219

In the Matter of GLORIA GONZALEZ, Respondent, v. STATE OF NEW YORK OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, Appellant.

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

Decided November 15, 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) (see e.g. Matter of Verdell v Lincoln Amsterdam House, Inc., 27 A.D.3d 388 [2006]). 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,

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