Judgment affirmed, without costs or disbursements.
The issue raised in the petition was whether the determination finding petitioner guilty of misconduct and dismissing him from employment was supported by substantial evidence (see CPLR 7803, subd 4). Where that issue is raised, the proceeding should be transferred to the Appellate Division for disposition (see CPLR 7804, subd [g]). Special Term erred in disposing of the issue in the first instance. However, we may...
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