Mega Sound & Light, LLC v. Commissioner of Labor
Cases that cite this one
3 later published cases cite this decision.
- Matter of Germain v. Town of Chester Planning Bd. (Appellate Division of the Supreme Court of New York 2017)
- Jenkins v. Astorino (Appellate Division of the Supreme Court of New York 2013)
- Jenkins v. Astorino (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The Industrial Board of Appeals (hereinafter the IBA) is a necessary party to this proceeding (see CPLR 1001 [a]; Matter of Brucha Mtge. Bankers Corp. v Commissioner of Labor of State of N.Y., 266 AD2d 211 [1999]) subject to the jurisdiction of the court, and therefore, the Supreme Court should have “order[ed] [it] summoned,” rather than granting the motion of the Commissioner of Labor to dismiss the petition (CPLR 1001 [b]; see Windy Ridge Farm v Assessor of Town of Shandaken, 11 NY3d 725, 726-727 [2008]; Matter of Lazzari v Town of Eastchester, 62 AD3d 1002, 1002-1003 [2009], lv granted 17 NY3d 718 [2011]; Matter of Romeo v New York State Dept. of Educ., 41 AD3d 1102, 1105 [2007]). Accordingly, we reverse the order and judgment and remit the matter to the Supreme Court, Putnam County, for further proceedings (see Matter of Lazzari v Town of Eastchester, 62 AD3d at 1003). Angiolillo, J.P., Lott, Roman and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.