Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Initially, we note that inasmuch as the petition did not raise a substantial evidence question, the matter was improperly transferred to the Appellate Division (see, CPLR 7804 [g]). However, in the interest of judicial economy, we elect to retain jurisdiction and determine the issue raised on the merits (see, e.g., Matter of 125 Bar Corp. v State...
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