IN RE PAULA CRUZ, pet-res, v. NEW YORK CITY HOUSING AUTHORITY, res-res

10204. IN RE PAULA CRUZ, pet-res, v. NEW YORK CITY HOUSING AUTHORITY, res-res — Kelly D. MacNeal, New York (Byron S. Menegakis of counsel), for ap — Law Offices of Annette G. Hasapidis, South Salem (Annette G. Hasapidis of counsel), for res — Judgment, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered July 26, 2012, in this CPLR article 78 proceeding brought by petitioner tenant to annul respondent’s determination to terminate her tenancy, granting the application to the extent of remanding the matter to respondent for imposition of a lesser penalty, unanimously vacated, the petition treated as one transferred to this Court for de novo review, and, upon such review, the challenged determination confirmed, the petition denied, and the proceeding dismissed, without costs.

The petition raises an issue of substantial evidence and therefore, the proceeding should have been transferred to this Court pursuant to CPLR 7804(g). Accordingly, we will “treat the substantial evidence issues de novo and decide all issues as if the proceeding had been properly transferred” (Matter of Jimenez v. Popolizio, 180 AD2d 590, 591 [1st Dept 1992]).