Legal Opinion

Harnett v. Village of Ballston Spa

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

Decided November 9, 1989PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

The facts are not in dispute. Respondent maintains an all-volunteer fire department which is composed of two separate fire companies, Eagle Matt Lee Fire Company and the Union Fire Company. In 1986, an inspector from the Department of Labor conducted an inspection of respondent’s fire department. Petitioner issued a notice of violation and order to comply which listed six violations of the Public Employee Safety and Health Act (hereinafter PESH Act) (see, Labor Law § 27-a). Follow-up investigations were conducted which revealed that the Union Fire Company had…

2Cases cited5 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  3. Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
  4. Yong-Myun Rho v. AmbachNew York Court of Appeals · 1989
  5. Hartnett v. Village of Ballston SpaNew York Supreme Court · 1988

3Cited by4 opinions

  1. Mayfield v. GOSHEN VOLUNTEER FIRE CO., INC.Supreme Court of Connecticut · 2011
  2. Hudacs v. Village of Watkins GlenAppellate Division of the Supreme Court of the State of New York · 1995
  3. Onondaga-Cortland-Madison Board of Cooperative Educational Services v. McGowanAppellate Division of the Supreme Court of the State of New York · 2001
  4. State v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

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