IN RE SCOTT A. RUBENSTEIN, pet-ap, v. METROPOLITAN TRANSPORTATION AUTHORITY res-res

2373. IN RE SCOTT A. RUBENSTEIN, pet-ap, v. METROPOLITAN TRANSPORTATION AUTHORITY res-res — Davis & Ferber, LLP, Islandia (Alex J. Kaminski of counsel), for ap — Bee Ready Fishbein Hatter & Donovan, LLP, Mineola (Andrew K. Preston of counsel), for res — Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered July 24, 2015, which denied the petition seeking to annul respondents’ determination, dated November 20, 2014, denying petitioner’s application for accidental disability retirement, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court did not err in declining to transfer the proceeding pursuant to CPLR 7804(g). First, because the hearing before a hearing officer was not transcribed or recorded, the hearing was not a quasi-judicial hearing which would implicate substantial evidence review under CPLR 7803(3) (see Matter of Milt-Nik Land Corp. v. City of Yonkers, 24 AD3d 446, 447 [2d Dept 2005]). In any event, there were no material factual disputes regarding the nature, circumstances, and causation of petitioner’s injuries, and thus no contested issues of substantial evidence to resolve (see Matter of Rosenkrantz v. McMickens, 131 AD2d 389 [1987]). The only question presented in the court below was whether, based on the uncontested facts, respondents acted arbitrarily, abused their discretion, or committed an error of law, in concluding that petitioner’s injuries were not sustained while he was “in service,” and thus that he did not qualify for accidental disability retirement.