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HARTNETT v. BALLSTON SPA

140 Misc.2d 1030 (1988)

In the Matter of Thomas F. Hartnett, as Commissioner of Labor of the State of New York, Petitioner, v. Village of Ballston Spa, Respondent.

Supreme Court, Saratoga County.

August 24, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Christina Norum of counsel), for petitioner. Harry W. Seibert, Jr., for respondent.

LOREN N. BROWN, J.

This proceeding pursuant to CPLR article 78 seeks enforcement of the petitioner's order to comply, issued on May 21, 1986 to the Village of Ballston Spa. The respondent counterclaims for sanctions based upon the allegedly frivolous nature of this action.

On May 15, 1986, the petitioner, by an inspector employed on the staff of the Division of Safety and Health, New York State Department of Labor (hereinafter DOL), inspected...

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