Judgment affirmed, without costs or disbursements.
Since the petition raises a question of whether the State commissioner's determination, made after a hearing, is supported by substantial evidence, the instant article 78 proceeding should have been transferred to this court for a determination in the first instance (see CPLR 7804, subd [g]). In such a case, the error in failing to make the transfer can be obviated by considering the proceeding de novo, as...
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