MTR OF HUDACS v. WATKINS GLEN


208 A.D.2d 181 (1995)

In the Matter of John F. Hudacs, as Commissioner of Labor of The State of New York, Petitioner, v. Village of Watkins Glen et al., Respondents

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

February 9, 1995


Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (James M. Williams, Jane Lauer Barker and M. Patricia Smith of counsel), for petitioner.

Connie Fern Miller, Village Attorney of Village of Watkins Glen, for Village of Watkins Glen, respondent.

MERCURE, CREW III, YESAWICH JR. and PETERS, JJ., concur.


MIKOLL, J. P.

Under the Public Employee Safety and Health Act (hereinafter PESH Act), covered employers are to provide employees with employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm (Labor Law § 27-a [3] [a] [1]). Respondent Village of Watkins Glen in Schuyler County was assessed a penalty by petitioner pursuant to Labor...

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