Shook v. Lavine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMarsh, P. J.
Since petitioners have not raised the issue of whether the administrative determination is, on the entire record of the hearing, supported by substantial evidence, Special Term should have disposed of the legal issues raised in this proceeding (CPLR 7804, subd [g]; 7803, subd 4). However, even though transfer was improper, as the papers before this court are sufficient to enable the case to be disposed of, we *240should do so (CPLR 7804, subd [g]; Matter of Dumbleton v Reed, 49 AD2d 687).
As to the constitutional questions raised by petitioners, the court may treat this proceeding as an action for…
2Cases cited10 opinions
- King v. SmithSupreme Court of the United States · 1968
- Townsend v. SwankSupreme Court of the United States · 1971
- Jones v. BermanNew York Court of Appeals · 1975
- Carleson v. RemillardSupreme Court of the United States · 1972
- Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Zeoli v. Commissioner of Social ServicesSupreme Court of Connecticut · 1979
- Buckner v. MaherDistrict Court, D. Connecticut · 1976
- Harradine v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1980
- Gilman v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Supreme Court · 1978
23 more not listed; retrieve them via the Exa API.