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MATTER OF LERONE WASHINGTON v. OLATOYE

8697, 101239/16.

173 A.D.3d 467 (2019)

103 N.Y.S.3d 388

2019 NY Slip Op 04644

In the Matter of Lerone Washington, Appellant, v. Shola Olatoye et al., Respondents.

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

Decided June 11, 2019.

Since the petition raised a substantial evidence issue and could not be disposed of by other objections, the court should have transferred it to this Court pursuant to CPLR 7804(g) (see Matter of Roberts v Rhea, 114 A.D.3d 504 [1st Dept 2014]). 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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