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MATTER OF GARNER v. NEW YORK DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 155346/19. Appeal No. 13095. Case No. 2020-01445.

191 A.D.3d 467 (2021)

138 N.Y.S.3d 315

2021 NY Slip Op 00795

In the Matter of Micah Garner, Petitioner, v. New York Division of Housing and Community Renewal et al., Respondents.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Kagan Lubic Lepper Finkelstein & Gold, LLP, New York ( Joseph P. Mitchell of counsel), for petitioner.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for New York Division of Housing and Community Renewal, respondent.

Cullen & Associates, P.C., New York ( Wayne L. Desimone of counsel), for Pwv Acquisition, LLC, respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

Supreme Court should have disposed of this proceeding on the merits, as the petition does not raise an issue of substantial evidence submitted during a "quasi-judicial evidentiary hearing" (Matter of Halperin v City of New Rochelle, 24 A.D.3d 768, 769 [2d Dept 2005], lv dismissed 6 N.Y.3d 890 [2006]; see Matter of Modlin v Kelly, 121 A.D.3d 464...

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