Legal Opinion
Hosmer v. New York State Office of Children & Family Services
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2001PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously vacated, determination confirmed without costs and petition dismissed. Memorandum: Because the issue raised in this CPLR article 78 proceeding is whether the determination following an evidentiary hearing is supported by substantial evidence, Supreme Court should have transferred the proceeding to this Court (see, CPLR 7804 [g]; Matter of McKinnon v Board of Educ., 273 AD2d 240, 241). We consider the matter de novo, however, as if it had been properly transferred to us (see, Matter of Benesch v Village of Clayton, 185 AD2d 688, lv denied 81 NY2d 702, rearg denied 81 NY2d…
2Cases cited5 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Jennings v. New York State Office of Mental HealthNew York Court of Appeals · 1997
- Bender v. Jamaica HospitalNew York Court of Appeals · 1976
- Benesch v. Village of ClaytonAppellate Division of the Supreme Court of the State of New York · 1992
- McKinnon v. Board of Education of North Bellmore Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- Hoch v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2003
- Stoughtenger v. CarrionAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of Blue v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Gentry v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2023
- Rosalind R. v. New York State Office of Children & Family ServicesAppellate Division of the Supreme Court of the State of New York · 2011