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MATTER OF NUARA v. STATE OF NY

5076-08

43 Misc.3d 425 (2010)

979 N.Y.S.2d 453

2010 NY Slip Op 20556

In the Matter of FRANK NUARA, as Acting Chairman of Metropolitan New York College and University Workers' Compensation Group, et al., Petitioners, v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD et al., Respondents.

Supreme Court, Albany County.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Kenneth A. Manning and Craig R. Bucki of counsel), and Phillips Lytle LLP, Albany ( Kelly Mooney Lester of counsel), for petitioners.

Andrew M. Cuomo , Attorney General, Albany ( Richard Lombardo of counsel), for respondents.

OPINION OF THE COURT

KIMBERLY A. O'CONNOR, J.

Petitioners Frank Nuara, as acting chairman of Metropolitan New York College and University Workers' Compensation Group, and David Pastore, as chairman of Building Exterior Services Trust of New York, commenced the instant CPLR article 78 proceeding, challenging the authority of respondent New York State Workers' Compensation Board and respondent Zachary S. Weiss, chairman of the Board, to levy certain monetary...

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