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MATTER OF ZURITA v. NEW YORK STATE DEPARTMENT OF LABOR

9901, 101088/18.

175 A.D.3d 1182 (2019)

109 N.Y.S.3d 275

2019 NY Slip Op 06697

In the Matter of Ernest A. Zurita II, Also Known as Ernesto Zurito, Appellant, v. New York State Department of Labor et al., Respondents.

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

September 24, 2019.

Attorney(s) appearing for the Case

Glenn H. Ripa , New York, for appellant.

Letitia James , Attorney General, New York ( Seth Kupferberg of counsel), for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Webber, Moulton, JJ.

Substantial evidence supports the determination that petitioner was an "employer" within the meaning of Labor Law articles 6 and 19 (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176 [1978]). The hearing evidence that petitioner's clothing assembly business had the same address as the workers' formal employer, Fama Fashion Inc., that petitioner had shifted the work in its entirety from a previous operator without...

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