Matter of A. Uliano & Son, Ltd. v New York State Departme
Motion No: 2011-05012
Slip Opinion No: 2012 NY Slip Op 63066(U)
Decided on February 2, 2012
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M132559

S/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-05012

In the Matter of A. Uliano & Son, Ltd., et al.,

petitioners, v New York State Department of

Labor, et al., respondents.

(Index No. 2976/11)

DECISION & ORDER ON MOTION

Proceeding pursuant to CPLR article 78 to review a determination of the respondents made pursuant to Labor Law § 220, which was transferred to this Court by order of the Supreme Court, Nassau County, dated May 16, 2011.

On the Court's own motion, it is

ORDERED that the proceeding is dismissed, without costs or disbursements, as a proceeding pursuant to CPLR article 78 to review a determination made pursuant to Labor Law § 220 shall be commenced directly in the Appellate Division (see Labor Law § 220[8]); the petitioners have commenced such a proceeding which is pending under Appellate Division Docket No. 2011-02599.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court