Budget Tire Automotive, Inc. v. O'Dell

Appeal from a judgment of the Supreme Court (Cobb, J.), entered December 20,1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed petitioner’s application to compel respondent to accept and review an administrative appeal.

On May 27, 1994, the Commissioner of Labor issued an order of compliance to petitioner, finding that petitioner had violated Labor Law § 652 (1) by underpaying wages to a former employee. The order was served by mail directly to petitioner and directed petitioner to pay wages, interest and penalties in an amount totaling $23,811.71. On August…