Opinion
October 6, 1989
Appeal from the Supreme Court, Wyoming County, Newman, J.
Present — Callahan, J.P., Denman, Pine, Balio and Lawton, JJ.
Judgment vacated on the law, determination unanimously confirmed and petition dismissed. Memorandum: Special Term erred in failing to transfer the matter to this court, pursuant to CPLR 7804 (g), since the issue before it was whether the Hearing Officer's determination was supported by substantial evidence. Determining the matter as if it had been properly transferred (see, Matter of Curl v Kelly, 125 A.D.2d 948), we find that the determination was supported by substantial evidence (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). Petitioner's remaining argument is raised for the first time in this appeal, and moreover it lacks merit.