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MATTER OF CHA v. NEW YORK STATE INDUS. BD. OF APPEALS

158439/20. Appeal No. 15830. Case No. 2021-01160.

204 A.D.3d 602 (2022)

168 N.Y.S.3d 415

2022 NY Slip Op 02866

In the Matter of Charles S. Cha et al. Petitioners, v. New York State Industrial Board of Appeals et al., Respondents.

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

Decided April 28, 2022.

Attorney(s) appearing for the Case

Zabell & Collotta, P.C., Bohemia (Saul D. Zabell of counsel), for petitioners.

Letitia James, Attorney General, New York (Jeremy Pfetsch of counsel), for respondents.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.

Petitioners failed to sustain their burden before the Industrial Board of Appeals (IBA) of demonstrating error in the Commissioner of Labor's order (see Matter of Baudo v New York State Indus. Bd. of Appeals, 154 A.D.3d 535, 536 [1st Dept 2017]). Where, as here, petitioners are found to have inadequate or unreliable records, the Department of Labor (DOL) may use other evidence to calculate the amount of wage underpayment, even though...

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