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MATTER OF VOLPE v. NEW YORK CITY DEPT. OF BUILDINGS

Index No. 151276/19. Appeal No. 13775. Case No. 2020-03309.

194 A.D.3d 459 (2021)

2021 NY Slip Op 02887

In the Matter of Joseph Volpe, Appellant, v. New York City Department of Buildings et al., Respondents.

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

Decided May 6, 2021.

Attorney(s) appearing for the Case

Klein Slowik PLLC, New York ( Mikhail Y. Sheynker of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Singh, Kennedy, JJ.

The petition raises an issue of substantial evidence and therefore should have been transferred to this Court pursuant to CPLR 7804(g) (see CPLR 7803[4]). We decide the issues raised as if the proceeding had been transferred (see Matter of Jimenez v Popolizio, 180 A.D.2d 590, 591 [1st Dept 1992]).

Substantial evidence supports OATH's determination sustaining all the subject summonses (see generally 300 Gramatan...

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