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MATTER OF SABBA v. NEW YORK STATE DEPT. OF LABOR

No. 108091/10, Mot. Seq. No. 001.

2011 NY Slip Op 30201 (U)

In the Matter of the Petition of STEVE H. SABBA and Motion TAXPRO FINANCIAL NETWORK INC. Petitioner, v. NEW YORK STATE DEPARTMENT OF LABOR and COLLEEN C. GARDNER, in her official capacity as COMMISSIONER of LABOR, STATE OF NEW YORK Respondents.

Supreme Court, New York County.

January 26, 2011.

Attorney(s) appearing for the Case

Christian D. LoFaro, Esq. , 350 East 65th Street #7, New York, NY. For petitioner.

Karen Kithan Yau, AAG Andrew M. Cuomo , Atty Gen, State of New York, 120 Broadway, New York, NY. For respondents.

DECISION & JUDGMENT

BARBARA JAFFE, Judge.

By notice of petition dated May 19, 2010, petitioners seek a judgment pursuant to CPLR Article 78 vacating a Resolution of Decision issued on March 24, 2010 by the Industrial Board of Appeals of the State of New York (IBA). By notice of cross-motion dated July 23, 2010, respondents oppose the petition and seek its dismissal.

I. FACTS

In a unanimous decision dated March 24, 2010, the five-member...

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