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MATTER OF KAROL v. NEW YORK CITY OFF. OF ADMIN. TRIALS & HEARINGS

Index No. 159706/19. Appeal No. 12762. Case No. 2020-02497.

190 A.D.3d 420 (2021)

140 N.Y.S.3d 12

2021 NY Slip Op 00017

In the Matter of Stanley Karol, Respondent, v. New York City Office of Administrative Trials and Hearings et al., Appellants.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Jamison Davies , of counsel), for appellants.

Emery Celli Brinckerhoff Abady Ward & Maazel LLP, New York ( Debra L. Greenberger of counsel), for respondent.

Goddard Riverside Law Project, New York ( Daniel Evans of counsel), for Amici Curiae.

Concur—Renwick, J.P., Gische, Kern, Oing, Mendez, JJ.

Since the petition raises an issue of substantial evidence, in the absence of "other objections as could terminate the proceeding" (CPLR 7804[g]), "the proceeding should have been transferred to this Court pursuant to CPLR 7804(g)" (Matter of Dillin v Waterfront Commn. of N.Y. Harbor, 119 A.D.3d 429, 429 [1st Dept 2014] [internal quotation marks and citation omitted]).

The determination is supported by substantial evidence...

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