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Determination unanimously confirmed without costs and petition dismissed. Same Memorandum as in Matter of City of Rome v New York State Off. of Mental Retardation & Dev. Disabilities ([proceeding No. 1] 214 AD2d 1029 [decided herewith]). (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Oneida County, Shaheen, J.) Present—Green, J. P., Lawton, Fallon, Callahan and Boehm, JJ.