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CARROLS DEV CORP v. ROSS

85 A.D.2d 104 (1982)

In the Matter of Carrols Development Corporation, Petitioner, v. Philip Ross, as Industrial Commissioner, et al., Respondents

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

February 26, 1982

Attorney(s) appearing for the Case

Melvin M. Slotnick for petitioner.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for respondents.

DILLON, P. J., DOERR, DENMAN and MOULE, JJ., concur.

HANCOCK, JR., J.

This CPLR article 78 proceeding (transferred pursuant to CPLR 7804, subd [g]) presents a challenge to the propriety of three minimum wage compliance orders issued by the Industrial Commissioner. Petitioner operates a chain of drive-in and indoor motion picture theatres. Certain of its employees work at candy counters in its indoor theatres or at concession stands and snack bars at its outdoor drive-in theatres. In his orders of compliance...

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