Commissioner of Labor v. Eagle Comtronics, Inc.

— Order unanimously reversed, without costs and motion denied. Memorandum: On June 18,1982, the Commissioner of Labor issued an ex parte order pursuant to subdivision 1 of section 361-b of the Labor Law finding defendant in violation of sections 352 and 354-a of the Labor Law and assessed a civil penalty of $2,500. In accordance with section 361-b, the order provided that if the penalty were not paid within 30 days it would be entered as a judgment and that defendant had 30 days following service of the order to file a review petition with the Industrial Board of Appeals. Defendant did not…