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SILVAR v COMMISSIONER OF LABOR

153898/17. 8544.

175 A.D.3d 95 (2019)

109 N.Y.S.3d 1

2019 NY Slip Op 05841

In the Matter of KEVIN J. SILVAR et al., Petitioners, v. COMMISSIONER OF LABOR OF THE STATE OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

July 30, 2019.

Attorney(s) appearing for the Case

Nixon Peabody LLP, Jericho (Jeffery A. Meyer and David A. Tauster of counsel), for petitioners.

Barbara D. Underwood, Attorney General, New York City (ReNika C. Moore, Donya Fernandez, Julie Ulmet and Seth Kupferberg of counsel), for respondents.

FRIEDMAN, J.P., KAPNICK, WEBBER and SINGH, JJ. concur.

OPINION OF THE COURT

The issue in this proceeding is the extent of the binding effect of a federal district court's release, in a class action, of New York State Labor Law wage claims and related civil penalties on respondents, the Commissioner of Labor of the State of New York and the Industrial Board of Appeals of the State...

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