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MATTER OF SARBRO v. STATE OF NEW YORK INDUS. BD. OF APPEALS

215 A.D.2d 956 (1995)

627 N.Y.S.2d 155

In the Matter of Sarbro: VII, Doing Business as Parcel 5a Associates, Appellant, v. State of New York Industrial Board of Appeals, Respondent. (Proceeding No. 1.) In the Matter of Sarbro: VII, Doing Business as Parcel 5a Associates, Appellant, v. State of New York Industrial Board of Appeals et al., Respondents. (Proceeding No. 2.)

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

May 25, 1995

Mikoll, J. P.

There are two discrete issues before us — was the CPLR article 78 petition properly dismissed because of petitioner's failure to name a necessary party, and is the petitioner now barred from instituting a new CPLR article 78 proceeding on Statute of Limitations grounds?

Petitioner is a limited partnership operating a hotel with banquet facilities. Respondent Commissioner of Labor...

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