Appeal dismissed, without costs or disbursements, and judgment and order vacated. Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.
Upon a de novo review of the record (see, Matter of Perez v Wilmot, 111 A.D.2d 757), we find that there is substantial evidence in the record to support the challenged determination. Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.