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MATTER OF CITY OF NEW YORK v. COMMISSIONER OF LABOR

8610, 403276/10.

100 A.D.3d 526 (2012)

954 N.Y.S.2d 79

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

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

November 20, 2012.

Contrary to petitioners' contention, they had the burden in the appeal to the IBA to show that they had abated the violations (see State Administrative Procedure Act § 306 [1]; 12 NYCRR 65.30; see also 29 CFR 1956.52 [h]). Further, IBA's findings were supported by substantial evidence. IBA reasonably concluded that petitioners failed to show that the three facilities in question had sufficiently knowledgeable trainers, given that the New York City Department...

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