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DEAN WITTER v. ROSS

75 A.D.2d 373 (1980)

In the Matter of Dean Witter Reynolds Inc., Petitioner, v. Philip Ross, as Industrial Commissioner of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 26, 1980

Attorney(s) appearing for the Case

Henry F. Minnerop of counsel (Brown, Wood, Ivey, Mitchell & Petty, attorneys), for petitioner.

Marian B. Scheuer of counsel (Amy Juviler with her on the brief; George D. Zuckerman and Robert Abrams, Attorney-General, attorneys), for respondents.

Richard O. Scribner for Securities Industry Association, amicus curiae.

Merrill J. Chapman for Association of Investment Brokers, amicus curiae.

MURPHY, P. J., KUPFERMAN and ROSS, JJ., concur with BIRNS, J.; SILVERMAN, J., dissents in an opinion.

BIRNS, J.

In this transferred CPLR article 78 proceeding, the petitioner (Dean Witter Reynolds, Inc. — DWR) seeks review and vacatur of a determination of the respondent Industrial Board of Appeals of the Department of Labor (the Board), entered November 29, 1978, which affirmed, after a de novo proceeding, an order of the respondent Philip Ross (Industrial Commissioner of the State of New York...

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