Majority
p. 1246In the Matter of Jeffrey Aubin, Petitioner, v Brian J. Wing, as Commissioner of New York State Office of Temporary and Disability Assistance, et al., Respondents. [682 NYS2d 362]
—Determination unanimously confirmed without costs and petition dismissed (see, Matter of McIntosh v Wing, 256 AD2d 1246 [decided herewith]). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Jefferson County, Gilbert, J.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Balio, JJ.