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Matter of Brown v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 1006 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Pine, J.P., Lawton, Fallon, Wesley and Davis, JJ.


Judgment unanimously vacated in part, determination confirmed, petition dismissed and judgment otherwise affirmed in accordance with the following Memorandum: Supreme Court should have transferred this CPLR article 78 proceeding to this Court because it presented a substantial evidence issue (see, Matter of Benesch v Village of Clayton, 185 A.D.2d 688, lv denied 81 N.Y.2d 702), and thus we vacate that part of the judgment. Upon our de novo review of that issue, we conclude that the determination should be confirmed. The remaining issues were properly considered and found by the court to be lacking in merit, and thus we affirm that part of the judgment.


Summaries of

Matter of Brown v. Coughlin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 1006 (N.Y. App. Div. 1994)
Case details for

Matter of Brown v. Coughlin

Case Details

Full title:In the Matter of GREGORY V. BROWN, Appellant, v. THOMAS A. COUGHLIN, III…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 23, 1994

Citations

210 A.D.2d 1006 (N.Y. App. Div. 1994)
621 N.Y.S.2d 980

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