Judgment reversed, insofar as appealed from, on the law, without costs or disbursements, and petition granted to the extent that the determination is annulled and the matter is remitted to the State commissioner for a new determination in accordance herewith.
The respondent State commissioner improperly based her decision on 18 NYCRR 351.2 (e) (2) (iv). This regulation formed no part of the fair hearing evidence. Rather, the summary and the hearing itself dealt with...
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