SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 23, 1969
IN THE MATTER OF SAM MARLIN, APPELLANT,
HENRY GILLETTE, AS SUCCESSOR IN INTEREST OF MARK H. TOUHEY, PUBLIC SAFETY COMMISSION, ET AL., RESPONDENTS
Appeal from judgment of Monroe Special Term dismissing petition in article 78 proceeding.
Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.
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.)
Judgment unanimously affirmed, without costs.
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