Opinion
July 10, 1989
Appeal from the Supreme Court, Dutchess County (Beisner, J.).
Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as the judgment was superseded by the order made upon reargument; and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
The respondents' determination is supported by substantial evidence (see, Matter of Lahey v Kelly, 71 N.Y.2d 135). Furthermore, under the circumstances presented, we find that the petitioner's due process rights were not violated. Mollen, P.J., Bracken, Rubin, Sullivan and Rosenblatt, JJ., concur.