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MATTER OF MARTIN v. NEW YORK CITY HOUSING AUTHORITY

7223, 401065/10.

93 A.D.3d 606 (2012)

941 N.Y.S.2d 105

2012 NY Slip Op 2395

In the Matter of CARRIE MARTIN, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided March 29, 2012.

Rather than reach the issue of substantial evidence, Supreme Court should have transferred the proceeding to this Court pursuant to CPLR 7804 (g). However, we will "treat the substantial evidence issues de novo and decide all issues as if the proceeding had been properly transferred" (Matter of Filonuk v Rhea, 84 A.D.3d 502, 502 [2011], quoting Matter of Jimenez v Popolizio, 180 A.D.2d 590

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