Legal Opinion
Edgar v. Jorling
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 1996PublishedCited by 2 opinions
1Opinion of the Court
We note that, because the Commissioner’s determination was not made after a hearing, this proceeding does not raise a question of substantial evidence (see, CPLR 7803 [4]). Therefore, the Supreme Court erred in transferring the proceeding to this Court (see, CPLR 7804 [g]; Matter of Harris v New York State Div. of Parole, 211 AD2d 205, 206). In the interest of judicial economy, however, this Court will retain jurisdiction and address the merits (see, Matter of Steck v Jorling, 219 AD2d 727; Matter of Harris v New York State Div. of Parole, supra).
*771The Commissioner properly granted the New York…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Purdy v. KreisbergNew York Court of Appeals · 1979
- MATTER OF HUGHES v. Suffolk County Dep't of Civil Serv.New York Court of Appeals · 1989
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3Cited by2 opinions
- Buffouno v. Board of Zoning & Appeals of Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Matter of Zahav Enters., Inc. v. MartensAppellate Division of the Supreme Court of the State of New York · 2017