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NYC TR AUTH v. DEPT OF LABOR

88 N.Y.2d 225 (1996)

666 N.E.2d 1336

644 N.Y.S.2d 463

In the Matter of New York City Transit Authority, Respondent, v. New York State Department of Labor et al., Appellants.

Court of Appeals of the State of New York.

Decided March 28, 1996.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Pico Paul Ben-Amotz, Victoria A. Graffeo, Peter H. Schiff, Daniel F. De Vita and M. Patricia Smith of counsel), for appellants.

Mary McCorry, Brooklyn, Martin B. Schnabel and Ellen Deirdre Murphy for respondent.

Paul A. Crotty, Corporation Counsel of New York City (Stephen J. McGrath and Ellen Ravitch of counsel), for the City of New York, amicus curiae.

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

LEVINE, J.

During 1988, employees from respondent Department of Labor conducted health and safety inspections at five facilities in petitioner's Surface Transit Division. The inspectors found various violations of the regulations under the Public Employee Safety and Health Act (Labor Law § 27-a [the PESH Act]) at each facility and issued a Notice of Violation and Order to Comply for each facility. At follow...

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