Legal Opinion
Rand v. Herbert
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 1995PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously vacated, determination modified on the law and as modified confirmed without costs and matter remitted to respondent Superintendent for further proceedings in accordance with the following Memorandum: Because petitioner’s CPLR article 78 proceeding presented substantial evidence questions, it should have been transferred to this Court in its entirety (see, CPLR 7804 [g]; Matter of Grillo v Coughlin, 201 AD2d 905), and we consider the matter de novo, as if it had been properly transferred (see, Matter of Grillo v Coughlin, supra; Matter of Lynch v Coughlin, 198 AD2d 889).
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2Cases cited3 opinions
- Nelson v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994
- Lynch v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
- Grillo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Adamson v. BartoAppellate Division of the Supreme Court of the State of New York · 2007
- Matter of Ballard v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Whitfield v. FischerAppellate Division of the Supreme Court of the State of New York · 2002
- Brown v. CoombeAppellate Division of the Supreme Court of the State of New York · 1995
- Castillo v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1996
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