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MATTER OF N. PICCO AND SONS CONTRACTING, INC. v. SMITH

2009-08620.

77 A.D.3d 668 (2010)

908 N.Y.S.2d 367

In the Matter of N. PICCO AND SONS CONTRACTING, INC., et al., Petitioners, v. M. PATRICIA SMITH, as Acting Commissioner of Labor of the State of New York, Respondent.

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

Decided October 5, 2010.

Adjudged that the proceeding is dismissed, with costs.

The petitioners commenced the instant proceeding more than 30 days after service upon them of the notice of the filing of the challenged determination and order in the office of the fiscal officer of the appropriate governmental entity, here, the Office of the Commissioner of the New York State Department of Labor. Under such circumstances, the proceeding is time-barred (see Labor Law § 220 [8];

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