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BAKERMAN, INC. v. ROBERTS

98 A.D.2d 965 (1983)

Bakerman, Inc., Doing Business as Mister Donut, Petitioner, v. Lillian Roberts, as Commissioner of Labor, Respondent

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

December 16, 1983

Determination unanimously confirmed and petition dismissed, without costs.

Memorandum:

We find substantial evidence to support respondent's determination that petitioner established a policy of "requesting or directing" its counter employees to wear waitress-style uniforms which are not suitable for use outside of employment (12 NYCRR 137-3.12). Petitioner's testimony that there was no such policy conflicted with...

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