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MATTER OF SAITANIS ENTERS., INC. v. HINES

201 A.D.2d 738 (1994)

608 N.Y.S.2d 312

In the Matter of Saitanis Enterprises, Inc., Petitioner, v. Thomas M. Hines et al., Respondents

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

February 28, 1994

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

The record supports the Department of Labor's determination that the petitioner underpaid its workers. Further, the Department of Labor's calculation of underpayment is supported by substantial evidence. The law is well settled that when there is conflicting testimony and questions of credibility, the reviewing court may not weigh the evidence or reject

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