DECISION & JUDGMENT
ADJUDGED that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.
Initially, we note that since this determination was not made after a quasi-judicial evidentiary hearing, it was improperly transferred to this Court on the issue of substantial evidence (see CPLR 7803[4], 7804[g]; Matter of Scherbyn v. Wayne-Finger Lakes Bd. of Coop. Educ. Servs.,
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