New York Supreme Court July 26, 1966 (Britt v. McFadden)

Irwin D. Davidson, J.

This is an article 78 CPLR proceeding to vacate the opinion and determination of respondent upon the grounds that he acted arbitrarily, capriciously and in an unfair manner in that he failed to hold a hearing as required; and to direct respondent to conduct a hearing to determine the merits of petitioner’s claim.