Rippy v. Selsky

This proceeding was improperly transferred to this Court by the Supreme Court, Dutchess County, pursuant to CPLR 7804 (g) since the issues raised do not involve a question of substantial evidence (cf. Matter of Pabon v Phillips, 16 AD3d 589 [2005]). *907However, for purposes of judicial economy we will retain jurisdiction and decide the case on the merits.

Having determined that the proceeding should be transferred to this Court, the Supreme Court should not have addressed the issue of the claimed bias of the hearing officer (see CPLR 7804 [g]; Matter of Royster v Goord, 26 AD3d 503 [2006]).…