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MATTER OF McGOWAN v. GUY

304 A.D.2d 666 (2003)

757 N.Y.S.2d 483

In the Matter of JAMES J. McGOWAN, as Commissioner of Labor of the State of New York, Petitioner, v. DAVID GUY et al., Respondents.

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

Decided April 14, 2003.

Adjudged that the determinations of the Industrial Board of Appeals dated May 24, 2000, and July 18, 2001, are confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

It is within the authority of the Industrial Board of Appeals (hereinafter the IBA) to revoke orders of compliance and civil penalties issued by the petitioner (see Matter of Hudacs v Village of Watkins Glen,

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