Galusha v. Picard

Where a review of the determination of a public officer or board is sought in pursuance of article 78 of the Civil Practice Act (as added by Laws of 1937, chap. 526), partially upon the sufficiency of the evidence taken to sustain the determination, and partially upon questions of law arising independently of the sufficiency of the evidence, the entire proceeding to review should be transferred to the Appellate Division. Thus at one time all of the questions raised may be determined.

Here the petitioners allege that in refusing to approve the certificate of incorporation of the Amsterdam…