Petition granted to the extent that the determination is modified, on the law, by vacating the penalty imposed.
As so modified, determination confirmed, with costs to respondent, and the matter is remitted to the commissioner for reconsideration of the penalty, which shall in no event exceed a 30-day suspension of petitioner's license and a $500 civil penalty. The determination that petitioner had committed a fraud is supported by substantial evidence (see Matter...
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