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MATTER OF TOUSSAINT v. ANGELLO

38 A.D.3d 298 (2007)

832 N.Y.S.2d 503

In the Matter of ROGER TOUSSAINT, Individually and as President of Local 100, Transport Workers Union of Greater New York, et al., Appellants, v. LINDA ANGELLO, as Commissioner of the State of New York Department of Labor, Respondent.

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

Decided March 13, 2007.

We reject petitioners' argument that the statute mandates the Commissioner to promulgate such rules and regulations. Labor Law § 27-a (4) (b) does not require the Commissioner to blindly promulgate all regulations recommended by the Hazard Abatement Board. Rather, it requires her to promulgate such recommended rules and regulations after "consultation with" the Board, and only where the Board "finds (i) that no federal standard exists for the particular condition being...

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