—Determination unanimously confirmed without costs and amended petition dismissed (see, Matter of Lahey v Kelly, 71 NY2d 135; Matter of Holmes v Coughlin, 182 AD2d 1121). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Wyoming County, Dadd, J.) Present — Denman, P. J., Pine, Wisner, Callahan and Fallon, JJ.