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MATTER OF MARCUS v. NEW YORK CITY HOUS. AUTH.

2012-06073.

106 A.D.3d 1088 (2013)

966 N.Y.S.2d 185

2013 NY Slip Op 3839

In the Matter of KIMBERLY MICHELLE MARCUS, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided May 29, 2013.

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 appellant.

Since the petition raises the question of whether the challenged determination is supported by substantial evidence, the Supreme Court should have transferred the proceeding...

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