Dougherty v. Degenhart

—Determination unanimously confirmed and petition dismissed without costs. Memorandum: In this CPLR article 78 proceeding, petitioner seeks to set aside the determination made by respondent pursuant to section 75 of the Civil Service Law terminating petitioner’s employment by the Buffalo Police Department.

Initially, we note that Special Term improperly transferred this proceeding to this court where no "substantial evidence” issue was raised by petitioner (see, CPLR 7804 [g]; Nassau Roofing & Sheet Metal Co. v Facilities Dev. Corp., 131 AD2d 171, 174). Even though the proceeding was…