MATTER OF DAVIS v. KELLY

Determination unanimously confirmed and petition dismissed. Memorandum: Since the petition in this article 78 proceeding raised a substantial evidence question, Special Term should not have ruled on the legal issues raised therein (CPLR 7804 [g]; Matter of Hop-Wah v Coughlin, 118 A.D.2d 275, revd on other grounds 69 N.Y.2d 791; Matter of Hull-Hazard, Inc. v Roberts, 129 A.D.2d 348, 350, affd 72 N.Y.2d 900). Reviewing the matter as if it had been properly transferred, we conclude that each of petitioner's legal claims lacks merit and that the determination is supported by substantial evidence.