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MATTER OF SHAPIRO v. CITY OF NEW YORK

Index No. 100768/19. Appeal No. 12787. Case No. 2020-00878.

190 A.D.3d 440 (2021)

135 N.Y.S.3d 636

2021 NY Slip Op 00043

In the Matter of Lawrence Shapiro, Petitioner, v. City of New York et al., Respondents.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for petitioner.

James E. Johnson , Corporation Counsel, New York ( D. Alan Rosinus, Jr. , of counsel), for respondents.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

The proceeding was improperly transferred to this Court, as the issue is not whether there is substantial evidence to support respondents' determination (CPLR 7803[4]) but whether respondents' interpretation and application of the subject rule is arbitrary and capricious (CPLR 7803[3]; see Matter of Rosenkrantz v McMickens, 131 A.D.2d 389 [1st Dept 1987]). Nevertheless, this Court will determine the issue (see id.; CPLR 7804...

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