Opinion
January 13, 1986
Appeal from the Supreme Court, Dutchess County (Nicolai, J.).
Appeal dismissed, without costs or disbursements, and judgment and order vacated. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
Upon a de novo review of the record (see, Matter of Perez v Wilmot, 111 A.D.2d 757), we find that there is substantial evidence in the record to support the challenged determination. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.