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MATTER OF 101 PARK AVE. ASSOC. II, LLC v. CITY OF NEW YORK

Index No. 153827/20. Appeal No. 14729. Case No. 2021-00033.

200 A.D.3d 401 (2021)

158 N.Y.S.3d 93

2021 NY Slip Op 06745

In the Matter of 101 Park Avenue Associates II, LLC, Appellant, v. City of New York et al., Respondents.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Sheldon Lobel, PC, New York ( Richard Lobel of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

The proceeding should have been transferred to this Court pursuant to CPLR 7804(g) because the petition raises an issue of substantial evidence (Matter of Karol v New York City Off. of Admin. Trials & Hearings, 190 A.D.3d 420 [1st Dept 2021], lv denied 37 N.Y.3d 903 [2021]). It is not dispositive that petitioner's arguments do not employ the phrase "substantial evidence" or that the court framed the issue in terms of whether...

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