Legal Opinion
Matter of Marzovilla v. New York State Industrial Board of Appeals
Appellate Division of the Supreme Court of the State of New York
Decided April 16, 2015No. 519470PublishedCited by 1 opinion
1Opinion of the Court
Lahtinen, 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 respondent Industrial Board of Appeals which found that petitioners violated Labor Law § 196-d by misappropriating tips.
Petitioner Nicola Marzovilla is the owner of petitioner Valodome, Inc., which, during the time period at issue here, owned and operated an Italian restaurant in New York City known as iTrulli. Tips at iTrulli were subject to mandatory “tip pooling” (12 NYCRR 146-2.16 [b]), with each waiter receiving a full…
2Cases cited5 opinions
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- CNP Mechanical, Inc. v. AngelloAppellate Division of the Supreme Court of the State of New York · 2006
- Garcia v. HeadyAppellate Division of the Supreme Court of the State of New York · 2007
- Pascazi v. GardnerAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by1 opinion
- Matter of Netram v. New York State Indus. Bd. of AppealsAppellate Division of the Supreme Court of the State of New York · 2018