Legal Opinion

Garcia v. Heady

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2007PublishedCited by 6 opinions

1Opinion of the Court

Crew III, J.P.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Industrial Board of Appeals which found that petitioner violated Labor Law § 652 (1) by underpaying wages to two former employees.

Petitioner is the owner of a paint contracting business located in Westchester County. In 2003, two of petitioner’s former employees, Marvin Diaz and Armando Escobar (hereinafter collectively referred to as claimants), filed complaints with the Department of Labor (hereinafter DOL) alleging that…

2Cases cited4 opinions

  1. Sarco Industries v. AngelloAppellate Division of the Supreme Court of the State of New York · 2005
  2. Marangos Construction Corp. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1995
  3. Scott Wetzel Services, Inc. v. New York State Board of Industrial AppealsAppellate Division of the Supreme Court of the State of New York · 1998
  4. CNP Mechanical, Inc. v. AngelloAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. Ramirez v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Marzovilla v. New York State Industrial Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2015
  3. MARCHIONDA, STEVEN v. INDUSTRIAL BD OF APPEALS OF STATEAppellate Division of the Supreme Court of the State of New York · 2014
  4. Marchionda v. Industrial Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2014
  5. Marchionda v. Industrial Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2014

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