—Determination unanimously confirmed without costs and 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 — Green, J. P., Lawton, Wisner, Callahan and Boehm, JJ.