People v. Gibbs & Cox, Inc.

This is a motion pursuant to paragraphs (a) and (c) of subdivision 1 of CPL 170.35 and CPL 170.40 to dismiss the misdemeanor information filed pursuant to section 198-c of the Labor Law. The allegations of the information pertain to the alleged refusal of the defendants to provide severance pay to nine now retired employees, all of whom were members of the labor union known as the Marine Technicians Guild. It is charged in the accusatory instrument that these payments were due to the retirees within 30 days after termination of their employment. The corporate defendant employer is a naval…