Ross v. Specialty Insulation Manufacturing Co.

—Appeal from a judgment of the Supreme Court at Special Term, entered November 8, 1978 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review and annul a determination of the Industrial Board of Appeals, dated April 11, 1978, that the respondent had no obligation to its employees to provide vacation pay for the year 1976. As noted by the board in its decision, the primary and dispositive issue in applying section 198-c of the Labor Law is whether or not there was any basis for the alleged accrual of vacation benefits. Subdivision 1…