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MATTER OF L & M CO. v. NEW YORK STATE DEP'T OF LABOR

144 A.D.2d 677 (1988)

In the Matter of L & M Company, Appellant, v. New York State Department of Labor et al., Respondents

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

November 28, 1988

Ordered that the appeal from the order entered December 4, 1987, is dismissed as that order was superseded by the order entered May 19, 1988; and it is further,

Ordered that the order entered May 19, 1988, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The Supreme Court properly dismissed the proceeding as untimely commenced (see

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