Mega Sound & Light, LLC v. Commissioner of Labor

The Industrial Board of Appeals (hereinafter the IBA) is a necessary party to this proceeding (see CPLR 1001 [a]; Matter of Brucha Mtge. Bankers Corp. v Commissioner of Labor of State of N.Y., 266 AD2d 211 [1999]) subject to the jurisdiction of the court, and therefore, the Supreme Court should have “order[ed] [it] summoned,” rather than granting the motion of the Commissioner of Labor to dismiss the petition (CPLR 1001 [b]; see Windy Ridge Farm v Assessor of Town of Shandaken, 11 NY3d 725, 726-727 [2008]; Matter of Lazzari v Town of Eastchester, 62 AD3d 1002, 1002-1003 [2009], lv granted 17…