Opinion
July 12, 1989
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Dillon, P.J., Callahan, Green, Balio and Lawton, JJ.
Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: The only issue raised in this CPLR article 78 proceeding is whether the determination is supported by substantial evidence. The matter should have been transferred to this court (see, CPLR 7804 [g]), and we will consider it as if it had been properly transferred in the first instance (see, Matter of Melvin v Kelly, 126 A.D.2d 956, lv denied 69 N.Y.2d 609; Matter of Curl v Kelly, 125 A.D.2d 948).
The determination was based on the written report and oral testimony of the charging officer, as well as petitioner's admission. It was supported by substantial evidence and must be confirmed (see, People ex rel. Vega v Smith, 66 N.Y.2d 130; Matter of Melvin v Kelly, supra).