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MATTER OF CITY OF NEW YORK v. COMMISSIONER OF LABOR

8599, 401614/10.

100 A.D.3d 519 (2012)

954 N.Y.S.2d 72

In the Matter of CITY OF NEW YORK et al, Appellants, v. COMMISSIONER OF LABOR et al., Respondents.

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

November 20, 2012.

We agree with petitioners that the question at issue, whether the provisions of the Workplace Violence Prevention Act (WVPA) (Labor Law § 27-b) are "specific standards" that precluded the Department of Labor from issuing citations based on the General Duty Clause (Labor Law § 27-a [3]) of the Public Employee Safety and Health Act, is one of pure statutory interpretation subject to de novo review, and not one requiring deference to the special expertise of the agency...

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