Appeal dismissed, without costs or disbursements, and judgment vacated. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
Since petitioner contends that the determination of respondent, made after a hearing, was not supported by substantial evidence, the matter should have been transferred to this court for determination in the first instance (see, CPLR 7804 [g]). However, treating this case as though it had been...
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