Shehebar v. Commissioner of Labor

Appellate Division of the Supreme Court of New York

Shehebar v. Commissioner of Labor

223 A.D.2d 480, 637 N.Y.S.2d 92, 1996 N.Y. App. Div. LEXIS 545

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 1996

StatusPublished

This text of 223 A.D.2d 480 (Shehebar v. Commissioner of Labor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shehebar v. Commissioner of Labor, 223 A.D.2d 480, 637 N.Y.S.2d 92, 1996 N.Y. App. Div. LEXIS 545 (N.Y. Ct. App. 1996).

Pincite

Opinion

Determination of respondent Industrial Board of Appeals, dated September 19, 1994, which affirmed a determination of respondent Commissioner of Labor holding petitioner personally liable for the unpaid wages of two employees and imposing civil penalties, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Fern Fisher-Brandveen, J.], entered on or about April 25,1995) is dismissed, without costs.

Petitioner’s personal liability for the unpaid wages in issue is supported by substantial evidence, including the testimony of two investigators from the Department of Labor and documentary evidence showing, inter alia, that the store out of which petitioner operated his business had paid unemployment insurance taxes under the name of Blockbuster Discount Center, Inc.; that both a State employer ID number and a Federal employer ID number had been assigned to an entity by that name and located at the store’s address, and that no entity by that name had been registered with the Secretary of State. Petitioner’s claim that he mistakenly paid unemployment insurance under the name "Blockbuster Discount Center, [481]*481Inc.” instead of "Blockbuster Variety Center, Inc.”, which was registered with the Secretary of State, and that he always held himself out as doing business in corporate form, raised issues of credibility that are not for the Court to resolve. Concur—Rosenberger, J. P., Nardelli, Williams, Tom and Mazzarelli, JJ.

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Determination of respondent Industrial Board of Appeals, dated September 19, 1994, which affirmed a determination of respondent Commissioner of Labor holding petitioner personally liable for the unpaid wages of two employees and imposing civil penalties, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Fern Fisher-Brandveen, J.], entered on or about April 25,1995) is dismissed, without costs.

Petitioner’s personal liability for the unpaid wages in issue is supported by substantial evidence, including the testimony of two investigators from the Department of Labor and documentary evidence showing, inter alia, that the store out of which petitioner operated his business had paid unemployment insurance taxes under the name of Blockbuster Discount Center, Inc.; that both a State employer ID number and a Federal employer ID number had been assigned to an entity by that name and located at the store’s address, and that no entity by that name had been registered with the Secretary of State. Petitioner’s claim that he mistakenly paid unemployment insurance under the name "Blockbuster Discount Center, [481]*481Inc.” instead of "Blockbuster Variety Center, Inc.”, which was registered with the Secretary of State, and that he always held himself out as doing business in corporate form, raised issues of credibility that are not for the Court to resolve. Concur—Rosenberger, J. P., Nardelli, Williams, Tom and Mazzarelli, JJ.

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Bluebook (online)

223 A.D.2d 480, 637 N.Y.S.2d 92, 1996 N.Y. App. Div. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shehebar-v-commissioner-of-labor-nyappdiv-1996.