Judgment unanimously vacated, without costs, and determination annulled.
Memorandum:
Petitioner appeals the dismissal of her petition pursuant to CPLR article 78 seeking class certification and annulment of a fair hearing decision. On February 26, 1980, petitioner received Federal and State income tax refunds in the sum of $682.27. Shortly thereafter, petitioner used the refund moneys to pay various overdue bills and household expenses. She did not notify...
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