Opinion
January 22, 1982
Appeal from the Supreme Court, Monroe County, Curran, J.
Present — Simons, J.P., Hancock, Jr., Doerr, Denman and Schnepp, JJ.
Judgment unanimously affirmed, without costs. Memorandum: In this CPLR article 78 proceeding seeking to annul respondent's determination which revoked petitioner's amusement center license after a hearing, a substantial evidence question is raised sufficient to bring this proceeding within the purview of CPLR 7804 (subd [g]). Although Special Term confirmed respondent's determination and dismissed the petition, we treat this appeal as a transfer of the petition to this court for review (see, e.g., Matter of Schultz v. Tonawanda Housing Auth., 79 A.D.2d 843; Matter of Tipon v Appeals Bd. of Administrative Adjudication Bur., State of N Y Dept. of Motor Vehicles, 52 A.D.2d 1065, mot for lv to app den 40 N.Y.2d 806; Matter of Hammerl v. Mavis, 41 A.D.2d 724, affd 34 N.Y.2d 579). A review of the entire record discloses that respondent's determination is supported by substantial evidence and was not arbitrary or capricious (see Matter of Purdy v. Kreisberg, 47 N.Y.2d 354, 358; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 180-182; Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 230-232; Matter of Cortland-Clinton, Inc. v. New York State Dept. of Health, 59 A.D.2d 228, 232).