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In the Matter of Harris Surve v. Abe Lavine, as Commissioner of New York State Department of Social Services
Proceeding unanimously dismissed, without costs as untimely instituted. (Matter of Davis v. Kingsbury, 27 N Y 2d 567; Matter of Mall v. Leonard, 260 App. Div. 591, 595, affd. 285 N. Y. 719; Matter of Nelson v. Kellyr, 4 A D 2d 596.) Were we to reach the merits we would confirm the determination, as it was supported by substantial evidence. {Matter of Playboy Club v. State Liq.
Auth., 23 N Y 2d 544,547; Matter of Foster v. Tofany, 31 A D 2d 987.) (Review of determination removing allowance for meals, transferred by order of Monroe Special Term.) Present — Goldman. P. J., Witmer, Moule, Cardamone and Simons, JJ.