Opinion
October 13, 1987
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order is affirmed, with costs.
On the record presented, class action certification was properly denied. It was neither warranted nor necessary. In any event, since the defendant has tendered the excess payment, this action was properly found to be moot. Insofar as the principle involved here is concerned, this matter will be brought to the attention of the Chief Administrative Judge. Mollen, P.J., Bracken, Rubin, Kooper and Spatt, JJ., concur.