Irondequoit Assembly of God v. Planning Board

—Order unanimously vacated without costs and matter remitted to Supreme Court for further *1003proceedings in accordance with the following Memorandum: Inasmuch as the petition in this CPLR article 78 proceeding does not present a substantial evidence issue (see, CPLR 7803 [4]), Supreme Court improperly transferred the proceeding to this Court (see, CPLR 7804 [g]; Matter of Dubb Enters, v New York State Liq. Auth., 187 AD2d 831, 832). We also note that, because petitioner challenges a decision of the Planning Board of the Town of Irondequoit, the court was required to dispose of the matter on the…