Opinion
June 29, 1961
Appeal by the Industrial Commissioner from a determination of the Board of Standards and Appeals. An appeal having been properly taken to this court by the Attorney-General it cannot be vacated by informal discussions or concessions in an administrative agency and a discontinuance requires our order which has not been had. The petitioners-respondents do not choose to argue the merits in this court; and as far as the record before us shows the decision of the Board of Standards and Appeals here appealed from is extant and must be reversed and Minimum Wage Order No. 6-e as promulgated by the Industrial Commissioner, reinstated and confirmed. ( Matter of Wells Plaza Corp. [ Industrial Comr.], 10 A.D.2d 209, affd. 8 N.Y.2d 975.) Determination reversed and Minimum Wage Order No. 6-e reinstated and confirmed, without costs. Motion to dismiss appeal denied, without costs. Bergan, P.J., Gibson, Reynolds and Taylor, JJ., concur.