Opinion
December 23, 1994
Appeal from the Supreme Court, Cayuga County, Corning, J.
Present — Pine, J.P., Lawton, Fallon, Wesley and Davis, JJ.
Judgment unanimously vacated in part, determination confirmed, petition dismissed and judgment otherwise affirmed in accordance with the following Memorandum: Supreme Court should have transferred this CPLR article 78 proceeding to this Court because it presented a substantial evidence issue (see, Matter of Benesch v Village of Clayton, 185 A.D.2d 688, lv denied 81 N.Y.2d 702), and thus we vacate that part of the judgment. Upon our de novo review of that issue, we conclude that the determination should be confirmed. The remaining issues were properly considered and found by the court to be lacking in merit, and thus we affirm that part of the judgment.