People ex rel. McClatchie v. Reid

In a proceeding pursuant to CPLR article 78 to review disciplinary sanctions imposed against the petitioner, he appeals from a judgment of the Supreme Court, Dutchess County (Nicolai, J.), dated June 23, 1983, which dismissed the proceeding.

Judgment vacated, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.

Since petitioner contends that the determination of the respondent, made after a hearing, was not supported by substantial evidence, the matter should have been transferred to this court for determination in the first instance (CPLR…