Paul's Pizza Inc. v. Comm'r of Labor of N.Y.

Full title: In re Paul's Pizza Inc., et al., Petitioners, v. The Commissioner of Labor…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 30, 2016

140 A.D.3d 673 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 5242

33 N.Y.S.3d 732

Opinion

1643 100824/14

06-30-2016

In re Paul's Pizza Inc., et al., Petitioners, v. The Commissioner of Labor of the State of New York, et al., Respondents.

Stewart Lee Karlin Law Group, P.C., New York (Daniel E. Dugan of counsel), for petitioners. Eric T. Schneiderman, Attorney General, New York (Haeya Yim of counsel), for respondents.

Mazzarelli, J.P., Renwick, Moskowitz, Gische, Gesmer, JJ.

Stewart Lee Karlin Law Group, P.C., New York (Daniel E. Dugan of counsel), for petitioners.

Eric T. Schneiderman, Attorney General, New York (Haeya Yim of counsel), for respondents.

Determination of the New York State Industrial Board of Appeals (IBA), dated May 22, 2014, which affirmed an order to comply issued by the New York State Department of Labor on January 12, 2011, finding, inter alia, that petitioners failed to pay proper overtime wages, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Margaret A. Chan, J.], entered March 20, 2015), dismissed, without costs.

The IBA's determinations that petitioner Evangelis Gritsipis was an employer within the meaning of the New York Labor Law, and that petitioners failed to pay proper overtime wages are supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights , 45 NY2d 176, 179-182 [1978]).

The civil penalties imposed on petitioners are not excessive.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 30, 2016

CLERK