Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.
The instant proceeding was transferred to this Court pursuant to CPLR 7804 (g), as the petitioners initially raised a substantial evidence question in their petition. In the brief to this Court, however, the petitioners no longer contend that the respondent's determination is not supported by substantial evidence. Their only contention is that the penalty imposed...
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