—Determination unanimously confirmed without costs and petition dismissed (see, Matter of Hay v Coombe, 229 AD2d 1015, Iv denied 88 NY2d 816). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.)
Present — Pine, J. P., Wisner, Callahan, Boehm and Fallon, JJ.