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IN THE MATTER OF BUFFALO CIVIC AUTO RAMPS, INC. v. SERIO

21 A.D.3d 722 (2005)

800 N.Y.S.2d 686

In the Matter of BUFFALO CIVIC AUTO RAMPS, INC., Petitioner, v. GREGORY V. SERIO, as Superintendent of Insurance, et al., Respondents.

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

September 1, 2005.

This CPLR article 78 proceeding was commenced to review the reclassification of the petitioner Buffalo Civic Auto Ramps, Inc.'s (BCAR) parking ramp cashiers from New York Workers' Compensation and Employers Liability Insurance Manual Standard Exceptions Classification Code 8810 (Code 8810) to Automobile Parking Lot Drivers Classification Code 8392 (Code 8392). Because we find the determination lacking in substantial evidence, as well as arbitrary and capricious, the determination...

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