MATTER OF NUMRICH GUN PARTS CORP. v. RIVERA

517196

115 A.D.3d 1050 (2014)

981 N.Y.S.2d 631

2014 NY Slip Op 1497

In the Matter of NUMRICH GUN PARTS CORPORATION, Appellant, v. PETER M. RIVERA, as Commissioner of Labor, et al., Respondents.

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

Decided March 6, 2014.


Peters, P.J.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered April 30, 2013, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motion to dismiss the petition/complaint.

An audit of petitioner's business by respondent Department of Labor culminated in a September 2011 decision of the Unemployment Insurance Appeal Board (hereinafter Board) finding that certain off-site call...

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