Lynch v. Coughlin

—Judgment unanimously vacated, determination confirmed and petition dismissed. Memorandum: Because petitioner’s CPLR article 78 proceeding presented a substantial evidence question, it should have been transferred to this Court (see, CPLR 7804 [g]; Matty of Benesch v Village of Clayton, 185 AD2d 688, lv denied 81 NY2d 702, rearg denied 81 NY2d 912; Matter of Melvin v Kelly, 126 AD2d 956, lv denied 69 NY2d 609). We consider the matter de novo, as if it had been properly transferred (see, Matter of Benesch v Village of Clayton, supra; Matter of Melvin v Kelly, supra).

Respondents’ determination…