Sawma v. Perales

Judgment vacated on the law, determination unanimously confirmed and petition dismissed without costs. Memorandum: Although petitioner sought mandamus and claimed that respondent’s determination was arbitrary and capricious, the only issue in this CPLR article 78 proceeding is whether respondent’s determination made after a fair hearing is supported by substantial evidence in the record (CPLR 7803 [4]). Special Term should have transferred the matter to this court (CPLR 7804 [g]), and we treat the matter as if it had been properly transferred (Matter of Curl v Kelly, 125 AD2d 948). Pursuant…