People v. Bailey

New York Supreme Court

People v. Bailey

54 Misc. 2d 825, 283 N.Y.S.2d 660, 1967 N.Y. Misc. LEXIS 1294

DecidedAugust 24, 1967

StatusPublished

This text of 54 Misc. 2d 825 (People v. Bailey) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bailey, 54 Misc. 2d 825, 283 N.Y.S.2d 660, 1967 N.Y. Misc. LEXIS 1294 (N.Y. Super. Ct. 1967).

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Opinion

Michael E. Sweeney, J.

Defendant moves for an order staying plaintiff from proceeding in the action pending determination in an article 78 proceeding against the Industrial Commissioner of the State of New York to compel him to reopen his determination in connection with defendant’s entitlement to unemployment insurance benefits. Plaintiff cross-moves for summary judgment pursuant to CPLR 3212.

Defendant’s motion for a stay is denied. He failed to request a hearing on the Industrial Commissioner’s determination within the time prescribed by section 620 of the Labor Law. Section 626 provides that the procedure outlined in the statute shall be the [826]*826sole and exclusive procedure in these cases. Under such circumstances, the determination of the Industrial Commissioner is final. (Matter of Ferraioli [Lubin], 7 A D 2d 819.)

Plaintiff’s motion for summary judgment is, therefore, granted.

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Michael E. Sweeney, J.

Defendant moves for an order staying plaintiff from proceeding in the action pending determination in an article 78 proceeding against the Industrial Commissioner of the State of New York to compel him to reopen his determination in connection with defendant’s entitlement to unemployment insurance benefits. Plaintiff cross-moves for summary judgment pursuant to CPLR 3212.

Defendant’s motion for a stay is denied. He failed to request a hearing on the Industrial Commissioner’s determination within the time prescribed by section 620 of the Labor Law. Section 626 provides that the procedure outlined in the statute shall be the [826]*826sole and exclusive procedure in these cases. Under such circumstances, the determination of the Industrial Commissioner is final. (Matter of Ferraioli [Lubin], 7 A D 2d 819.)

Plaintiff’s motion for summary judgment is, therefore, granted.

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Bluebook (online)

54 Misc. 2d 825, 283 N.Y.S.2d 660, 1967 N.Y. Misc. LEXIS 1294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bailey-nysupct-1967.