Ordered that the judgment is reversed, on the law and the facts, the determination is confirmed, and the proceeding is dismissed on the merits, without costs or disbursements.
Initially, we note that the instant petition raises an issue of substantial evidence; hence, the Supreme Court, Kings County, should have transferred the proceeding to this court (see, CPLR 7804 [g]; Matter of O'Brien v Steisel,
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