Ocean v. Selsky

—Determination *985unanimously confirmed without costs and petition dismissed. Memorandum: Because the petition in this CPLR article 78 proceeding raised a substantial evidence question, Supreme Court should not have ruled on the other legal issue raised therein (see, CPLR 7804 [g]; Matter of Davis v Kelly, 145 AD2d 950, lv denied 74 NY2d 603). The matter now being before us, however, we may decide the issue de novo.

There is no merit to petitioner’s contention that respondent’s determination was arbitrary, capricious and an abuse of discretion because respondent violated its own rules and…