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  5. 86 N.Y.2d 438 (1995)
 

HARTNETT v. NYC TR. AUTH.

86 N.Y.2d 438 (1995)

657 N.E.2d 773

633 N.Y.S.2d 758

Thomas F. Hartnett, as Commissioner of Labor of the State of New York, Appellant, v. New York City Transit Authority, Respondent. Thomas F. Hartnett, as Commissioner of Labor of the State of New York, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1995.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (M. Patricia Smith, Victoria A. Graffeo, Peter H. Schiff and James M. Williams of counsel), for appellant in the first above-entitled action.

Evelyn Jonas, Brooklyn, and Albert C. Cosenza for respondent in the first above-entitled action.

Dennis C. Vacco, Attorney-General, New York City (M. Christina Norum, Victoria A. Graffeo, Peter H. Schiff and M. Patricia Smith of counsel), for appellant in the second above-entitled action.

Edward F. Zagajeski, Brooklyn, and Albert C. Cosenza for respondent in the second above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

These combined appeals present two issues: the appropriate Statute of Limitations applicable to actions commenced under Labor Law § 27-a, the Public Employee Safety and Health Act (PESHA), and whether the Commissioner of Labor is precluded from bringing a lawsuit under PESHA where the complaining employee failed to file a complaint with the Commissioner...

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