Matter of L M v. N.Y. State Dept. of Labor

Full title: In the Matter of L M COMPANY, Appellant, v. NEW YORK STATE DEPARTMENT OF…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1988

144 A.D.2d 677 (N.Y. App. Div. 1988)

Opinion

November 28, 1988

Appeal from the Supreme Court, Dutchess County (Benson, J.).

Ordered that the appeal from the order entered December 4, 1987, is dismissed as that order was superseded by the order entered May 19, 1988; and it is further,

Ordered that the order entered May 19, 1988, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The Supreme Court properly dismissed the proceeding as untimely commenced (see, Labor Law § 220; § 220-b [2]; cf., Pagliaroli v. Zoning Bd. of Appeals, 66 A.D.2d 997; Matter of Trotta v. Board of Trustees, 51 A.D.2d 526). Mangano, J.P., Brown, Kooper and Harwood, JJ., concur.