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MATTER OF APPLICATION OF NUARA v. STATE OF NEW YORK WORKERS' COMPENSATION BD.

5076-08.

2010 NY Slip Op 20556

APPLICATION OF 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, Petitioners, FOR JUDGMENT PURSUANT TO NEW YORK CPLR ARTICLE 78 v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD, and ZACHARY S. WEISS, AS CHAIRMAN OF THE WORKERS' COMPENSATION BOARD, Respondents.

Supreme Court, Albany County.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Phillips Lytle LLP, ( Kenneth A. Manning and, Craig R. Bucki, Esqs. , of Counsel), One HSBC Center, Suite 3400, Buffalo, New York 14203-2887, ( Kelly Mooney Lester, Esq. , of Counsel), Omni Plaza, 30 South Pearl Street, Albany, New York 12207, Attorneys for Petitioners.

Hon. Andrew M. Cuomo Attorney General of State of New York, ( Richard Lombardo , Assistant Attorney General, of Counsel), The Capitol, Albany, New York 12224, Attorney for Respondents.

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 ("Board") and respondent Zachary S. Weiss, Chairman of the Board, to levy certain monetary assessments against...

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