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CITY OF NY v. COMMR OF LABOR

No. 401255/2013

44 Misc.3d 612 (2014)

991 N.Y.S.2d 832

2014 NY Slip Op 24151

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

Supreme Court, New York County.

Decided June 10, 2014.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( James L. Hallman of counsel), and New York City Department of Citywide Administrative Services, New York City ( Alan Deutsch of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, New York City ( C. Michael Higgins of counsel), for New York State Industrial Board of Appeals, respondent.

Aaron S. Amaral , New York City, for District Council 37, AFSCME, AFL-CIO, respondent.

Greenberg, Burzichelli, Greenberg, P.C., Lake Success ( Daniel C. Doeschner of counsel), for Municipal Labor Committee, amicus curiae.

OPINION OF THE COURT

EILEEN A. RAKOWER, J.

Petitioner, the City of New York, brings this CPLR article 78 proceeding to vacate and annul the decision of the New York State Industrial Board of Appeals (IBA), docket Nos. PES 10-003, PES 10-004, PES 10-005, PES 10-016, PES 11-007, dated June 13, 2013, which upheld the Commissioner of Labor's authority to issue citations for violations of certain city regulations promulgated to enforce the Workplace Violence...

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