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MATTER OF HOPTON v. PONTE

2015-08084, Index No. 11152/14.

149 A.D.3d 739 (2017)

2017 NY Slip Op 02649

51 N.Y.S.3d 577

In the Matter of NINA HOPTON, Appellant, v. JOSEPH PONTE et al., Respondents.

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

Decided April 5, 2017.

Ordered that the order and judgment is affirmed, without costs or disbursements.

The petitioner commenced this proceeding pursuant to CPLR article 78, alleging that the administrative law judge (hereinafter ALJ) did not have the authority and jurisdiction to conduct the subject disciplinary hearing. The respondents moved pursuant to CPLR 7804 (f) and 3211 (a) (7) to dismiss the petition for failure to state a cause of action. The Supreme Court granted the motion,...

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