674 N.Y.S.2d 351 | N.Y. App. Div. | 1998
—Determination of respondent State of New York Industrial Board of Appeals, dated October 2, 1996, which, after a hearing, insofar as is relevant herein, affirmed two orders of respondent Commissioner of Labor of the State of New York, dated August 5, 1994, which determined that petitioner owed $23,234.22 in minimum wages plus 16% interest per annum calculated to the date of the order and assessed a $5,800 penalty, and imposed a $2,000 penalty pursuant to article 19 of the Labor Law for failing to keep and furnish true and accurate payroll records for each employee, unanimously confirmed, the petition brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Louis York, J.], entered January 22, 1997) denied and the proceeding dismissed, without costs.
It is well settled that where, as in this case, the employer’s
We have considered petitioner’s other arguments and find them to be without merit. Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.