Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
The instant proceeding was erroneously transferred to this Court pursuant to CPLR 7804 (g). Although the respondent made findings of fact based upon a quasi-judicial proceeding, the petitioners' only contention is that the penalty imposed upon them was arbitrary and capricious. Therefore, no substantial evidence question was brought up for review (see,
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