ARTICLE 78 HEARING- PAGE 15, PART 6.
THE REST OF PAGE 15, LINE 6.
NOW, IN THOSE CASES I DON'T HAVE THE AUTHORITY HERE
TO DETERMINE THIS MATTER. AND UNDER ANOTHER SECTION
OF THE LAW, 7804(G) , I HAVE TO TRANSFER THIS TO THE
APPELLATE DIVISION OF THE SUPREME COURT FOR THEM TO
DETERMINE IT.
I AN NOT GOING TO DETERMINE THE MERITS OF THIS
THING. I AM JUST GOING TO TRANSFER THIS TO THE
APPELLATE DIVISION AND THEY ARE GOING TO GIVE YOU A
FULL OPPORTUNITY TO BE HEARD ON YOUR PAPERS. THEN
THEY WILL DO WHAT THEY FEEL IS APPROPRIATE, THE
JUDGES UP THERE, OKAY ?
I ASSURE YOU THAT I AM NOT DETERMINING THE MERITS OF
YOUR CLAIM. I AM NOT DETERMINING WHETHER YOU ARE
RIGHT AND THAT THE COMPTROLLER IS WRONG OR I AM
NOT DETERMINING THAT THE COMPTROLLER IS RIGHT.
I AM JUST MAKING A DETERMINATION THAT THIS IS A
SUBSTANTIAL EVIDENCE QUESTION AND THE APPELLATE
DIVISION IS THE PLACE WHERE THEY HAVE THE AUTHORITY
< PAGE 16, LINE 1 >
TO HEAR YOU.
I AM GOING TO SIGN THE ORDER TRANSFERRING
THIS TO THE APPELLATE DIVISION. I AM SURE THEY
WILL HANDLE THIS MATTER EXPEDITIOUSLY.
MR. STORRS, MAY I ADD ONE THING ?
THE APPLICANT ME, SURE.
MR. STORRS, IF YOU CALL ME AT MY OFFICE, AND MY
NUMBER IS IN THE PAPERS THAT I PROVIDED YOU-- I CAN
GIVE YOU THE TELEPHONE NUMBER OF THE PERSON IN THE
CLERK'S OFFICE WHO CAN HELP YOU WITH THIS. THEY ARE
USED TO DEALING WITH PEOPLE WHO ARE HANDLING CASES
PRO SE. THEY CAN TELL YOU WHAT HAS TO BE DONE FOR
YOU TO GET YOUR CASE TO BE HEARD PROPERLY THERE.
THE APPLICANT ME, IF YOU WANT TO HELP ME, WHY
DON'T YOU MAKE A DECISION RIGHT NOW ?
MR. STORRS, I CAN'T DO THAT. I REPRESENT THE STATE.
THE JUDGE, HE CAN'T DO THAT. HE IS THE ATTORNEY
THAT REPRESENTS THE COMPTROLLER, AND THE
COMPTROLLER IS HIS CLIENT. SO THE ONLY PERSON THAT
COULD RESOLVE THIS WITH YOU WOULD BE HIS CLIENT.
AND THEN IF THAT CAN'T BE DONE, I WOULD LIKE--
THE APPLICANT ME, HE CAN TAKE THIS SITUATION --
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