Determination unanimously confirmed and petition dismissed.
Memorandum:
Since the only issue raised in this CPLR article 78 proceeding is whether the determination of the Hearing Officer is supported by substantial evidence, Special Term erred in deciding the matter on the merits rather than transferring it to this court (CPLR 7804 [g]). Nonetheless, we will consider the matter as if it had been properly transferred in the first instance (Matter of O'Brien...
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