Majority
p. 643In the Matter of Sam Marlin, Appellant, v. Henry Gillette, as Successor in Interest of Mark H. Touhey, Public Safety Commission, et al., Respondents.
—Judgment unanimously affirmed, without costs. Memorandum: This proceeding should have been transferred to this court in the first instance pursuant to CPLR 7804 (subd. [g]). (Matter of United States Tube & Foundry Co. v. Feinberg, 7 A D 2d 591 , 595.) Even though it was not, we may treat it as if it were properly transferred. (Matter of Wignall v. Fletcher, 277 App. Div. 828 ; Matter of Continental Term. Operating Corp. v. Thompson, 16 A D 2d 952 .) (Appeal from judgment of Monroe Special Term dismissing petition in article 78 proceeding.) Present — Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.
Cases cited
- United States Tube & Foundry Co. v. Feinberg 7 A D 2d 591 at 595 p. 643