—Determination unanimously annulled on the law without costs and petition granted. Memorandum: Upon our review of the record, we agree with the Hearing Officer that there is insufficient proof to sustain the charge (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Monroe County, Calvaruso, J.) Present — Lawton, J. P., Fallon, Callahan, Balio and Boehm, JJ.