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MATTER OF PERK DEV. CORP.

227 A.D.2d 777 (1996)

642 N.Y.S.2d 101

In the Matter of Perk Development Corporation, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

May 9, 1996

Perk Development Corporation is a corporation which operates restaurants, shopping centers, hotels and apartment complexes. Perk's controller failed to file a payroll report for the third quarter of 1993 and, as a result, Perk was assessed unemployment insurance contributions at the delinquency tax rate pursuant to Labor Law § 581 (2) (b). Perk argues that the delinquency tax rate is not a mandatory penalty under Labor Law...

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