Legal Opinion
Collana v. Perales
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1986PublishedCited by 7 opinions
1Opinion of the Court
Judgment vacated, determination unanimously modified, on the law and as modified, affirmed, without costs, in accordance with the following memorandum: This CPLR article 78 proceeding presents a substantial evidence issue (see, CPLR 7803 [4]). Special Term erred in failing to transfer the proceeding to this court (see, CPLR 7804 [g]). We obviate this error by considering the matter on the record as if it had been transferred (Matter of Hammerl v Mavis, 41 AD2d 724, affd 34 NY2d 579). The Hearing Officer determined that petitioner’s transfer of funds from an accident settlement to his children…
2Cases cited3 opinions
- Hammerl v. MavisAppellate Division of the Supreme Court of the State of New York · 1973
- MATTER OF HAMMERL v. MaevisNew York Court of Appeals · 1974
- Tompkins v. MeltonAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Melvin v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
- Cook v. AdduciAppellate Division of the Supreme Court of the State of New York · 1994
- McAvoy v. WardAppellate Division of the Supreme Court of the State of New York · 1988
- Allman v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1990
- Ron Bob Pub, Inc. v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1989
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