MATTER OF MASTRO v. HUDACS


224 A.D.2d 621 (1996)

638 N.Y.S.2d 681

In the Matter of Mario Mastro, Petitioner, v. John F. Hudacs, as Commissioner of Labor of The State of New York, Respondent

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

February 20, 1996


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There is substantial evidence in the record to support the findings of the Blaster Examining Board, inter alia, that the insufficient stemming of the blast in question and the number of unloaded holes in the area that was blasted caused a flyrock to fall on a passing motorist severely injuring him. Under the facts of this case in which the petitioner's competency...

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