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IN RE ELAINE RIVERA, pet-res, v. NEW YORK CITY HOUSING AUTHORITY res-res

10261. IN RE ELAINE RIVERA, pet-res, v. NEW YORK CITY HOUSING AUTHORITY res-res — Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for ap — ELAINE RIVERA, RESPONDENT PRO SE.—Judgment, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 24, 2011, granting the petition to set aside respondent's determination, dated April 13, 2011, which terminated petitioner's public housing tenancy, to the extent of remanding the matter to respondent for further proceedings, unanimously vacated, on the law, without costs, 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 brought pursuant to CPLR article 78 dismissed.

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10261. IN RE ELAINE RIVERA, pet-res, v. NEW YORK CITY HOUSING AUTHORITY res-res — Kelly D. MacNeal, New York (Seth E. Kramer of counsel), for ap — ELAINE RIVERA, RESPONDENT PRO SE.—Judgment, Supreme Court, New York County (Geoffrey D. Wright, J.), entered October 24, 2011, granting the petition to set aside respondent’s determination, dated April 13, 2011, which terminated petitioner’s public housing tenancy, to the extent of remanding the matter to respondent for further proceedings, unanimously vacated, on the law, without costs, 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 brought pursuant to CPLR article 78 dismissed.

The petition raised an issue of substantial evidence and thus, 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]).

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