Krall v. Kelly

Judgment unanimously vacated on the law and determination unanimously confirmed and petition dismissed. Memorandum: Since the only issue properly before Special Term was whether the Hearing Officer’s determination was supported by substantial evidence, Special Term erred in deciding the matter rather than transferring it pursuant to CPLR 7804 (g). We will determine the matter as if it had been properly transferred (Matter of Curl v Kelly, 125 AD2d 948).

The Hearing Officer’s determination that petitioner was guilty of using marihuana was supported by substantial evidence, based on two positive…