Ordered that the appeal is dismissed, without costs or disbursements, and the judgment entered November 22, 1991, 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 questions of substantial evidence are involved, this proceeding should have been transferred to this Court pursuant to CPLR 7804 (g). However, this Court will treat the matter as one initially...
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