Ordered that the appeal is dismissed, without costs or disbursements, and the judgment entered March 5, 1985, is vacated; and it is further,
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.
Since the only issue in this CPLR article 78 proceeding is whether the determination by the respondent Superintendent is supported by substantial evidence in the record, Special Term should have...
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