Long v. Kelly

Appellate Division of the Supreme Court of New York

Long v. Kelly

154 A.D.2d 901, 546 N.Y.S.2d 56, 1989 N.Y. App. Div. LEXIS 12864

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 6, 1989

StatusPublished

This text of 154 A.D.2d 901 (Long v. Kelly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Long v. Kelly, 154 A.D.2d 901, 546 N.Y.S.2d 56, 1989 N.Y. App. Div. LEXIS 12864 (N.Y. Ct. App. 1989).

Pincite

Opinion

Judgment vacated on the law, determination unanimously confirmed and petition dismissed. Memorandum: Special Term erred in failing to transfer the matter to this court, pursuant to CPLR 7804 (g), since the issue before it was whether the Hearing Officer’s determination was supported by substantial evidence. Determining the matter as if it had been properly transferred (see, Matter of Curl v Kelly, 125 AD2d 948), we find that the determination was supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Petitioner’s remaining argument is raised for the first time in this appeal, and moreover it lacks merit. (Appeal from judgment of Supreme Court, Wyoming County, Newman, J. — art 78.) Present — Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.

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Judgment vacated on the law, determination unanimously confirmed and petition dismissed. Memorandum: Special Term erred in failing to transfer the matter to this court, pursuant to CPLR 7804 (g), since the issue before it was whether the Hearing Officer’s determination was supported by substantial evidence. Determining the matter as if it had been properly transferred (see, Matter of Curl v Kelly, 125 AD2d 948), we find that the determination was supported by substantial evidence (see, People ex rel. Vega v Smith, 66 NY2d 130, 139). Petitioner’s remaining argument is raised for the first time in this appeal, and moreover it lacks merit. (Appeal from judgment of Supreme Court, Wyoming County, Newman, J. — art 78.) Present — Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.

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Bluebook (online)

154 A.D.2d 901, 546 N.Y.S.2d 56, 1989 N.Y. App. Div. LEXIS 12864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-kelly-nyappdiv-1989.

Opinion

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