Appellate Division of the Supreme Court of the State of New York July 14, 1992 (Benesch v. Village of Clayton)

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United States · · · 14-07-1992

Judgment unanimously vacated, determination confirmed without costs and petition dismissed. Memorandum: Because petitioner’s CPLR article 78 proceeding presented a substantial evidence question, it should have been transferred to this court (see, CPLR 7804 [g]; Matter of Melvin v Kelly, 126 AD2d 956, lv denied 69 NY2d 609; Matter of Rivera v Beekman, 86 AD2d 1).

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