Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements and the matter is remitted to the respondent State commissioner for a new hearing not inconsistent herewith.
The determination under review was rendered in the absence of a finding of no undue hardship, contrary to the applicable paragraphs of 18 NYCRR 352.31 (d). Although we hold this is not a proper case for a class action (see Matter of Scarpelli v Lavine...
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