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MATTER OF NELSON'S LAMP LIGHTERS, INC. v. NEW YORK STATE DEPARTMENT OF LABOR

267 A.D.2d 937 (1999)

701 N.Y.S.2d 681

In the Matter of NELSON'S LAMP LIGHTERS, INC., Petitioner, v. NEW YORK STATE DEPARTMENT OF LABOR et al., Respondents. (Appeal No. 1.)

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

Decided December 30, 1999.

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

We reject petitioners' contention that the claims of respondent New York State Department of Labor (Department) are barred by the six-month Statute of Limitations in Labor Law § 220 (7). That period is directory, not mandatory, and thus delay beyond the six-month period, standing alone, does not warrant dismissal (see,...

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