Zaire v. Artus, 49 A.D.3d 932 (N.Y. App. Div. 2008). · Go Syfert
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Zaire v. Artus, 49 A.D.3d 932 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2013–2016 · …the statutory time period in which to request a hearing is to be strictly construed, and the statute contains no provision permitting an extension of time in which an employer can request a hearing at p. 933 ⚠ not in text
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of White (Commr. of Labor)
N.Y. App. Div. · 2016 · confidence medium
Moreover, "the statutory time period in which to request a hearing is to be strictly construed, and the statute contains no provision permitting an extension of time in which an employer can request a hearing" (Matter of White [Lurie–Commissioner of Labor], 49 AD3d 932, 933 [2008] [internal quotation marks and citation omitted]; accord Matter of Agarwal [Bilingual Seit & Preschool, Inc.–Commissioner of Labor], 108 AD3d 807 , 808 [2013]).
discussed Cited as authority (rule) In re the Claim of White
N.Y. App. Div. · 2016 · confidence medium
Moreover, “the statutory time period in which to request a hearing is to be strictly construed, and the statute contains no provision permitting an extension of time in which an employer can request a hearing” (Matter of White [Lurie— Commissioner of Labor], 49 AD3d 932, 933 [2008] [internal quotation marks and citation omitted]; accord Matter of Agarwal [Bilingual Seit & Preschool, Inc. —Commissioner of Labor], 108 AD3d 807 , 808 [2013]).
discussed Cited as authority (rule) In re the Claim of Hickman
N.Y. App. Div. · 2013 · confidence medium
Notwithstanding Maximum Litigation’s excuse for the belated hearing request, “the statutory time period in which to request a hearing is to be strictly construed, and the statute contains no provision permitting an extension of time in which an employer can request a hearing” (Matter of White [Lurie — Commissioner of Labor], 49 AD3d 932, 933 [2008] [internal quotation marks and citation omitted]; accord Matter of Agarwal [Bilingual Seit & Preschool, Inc. — Commissioner of Labor], 108 AD3d 807 , 808 [2013]).
discussed Cited as authority (rule) In re the Claim of Hickman
N.Y. App. Div. · 2013 · confidence medium
Notwithstanding Maximum Litigation’s excuse for the belated hearing request, “the statutory time period in which to request a hearing is to be strictly construed, and the statute contains no provision permitting an extension of time in which an employer can request a hearing” (Matter of White [Lurie — Commissioner of Labor], 49 AD3d 932, 933 [2008] [internal quotation marks and citation omitted]; accord Matter of Agarwal [Bilingual Seit & Preschool, Inc. — Commissioner of Labor], 108 AD3d 807 , 808 [2013]).
discussed Cited as authority (rule) In re the Claim of Agarwal (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Accordingly, we will not disturb the Board’s determination that the employer’s request for a hearing was untimely (see Matter of White [Lurie — Commissioner of Labor], 49 AD3d at 933; Matter of Rago [Resource One, Inc.— Commissioner of Labor], 22 AD3d at 1002 ).
discussed Cited as authority (rule) In re the Claim of Agarwal (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Accordingly, we will not disturb the Board’s determination that the employer’s request for a hearing was untimely (see Matter of White [Lurie — Commissioner of Labor], 49 AD3d at 933; Matter of Rago [Resource One, Inc.— Commissioner of Labor], 22 AD3d at 1002 ).
discussed Cited "see" Matter of Highgate Hotels, L.P. (Commissioner of Labor)
N.Y. App. Div. · 2026 · signal: accord · confidence high
Pursuant to Labor Law § 620 (2), "[a]ny employer who claims to be aggrieved by the . . . determination of the amount of the employer's contributions . . . may apply to the commissioner for a hearing within [30] days after mailing or personal delivery of notice of such determination." Highgate offered nothing to suggest that Equifax did not receive the notice of determination sent to it in November 2022 and, as such, Highgate's September 2023 request for a hearing was untimely ( see 12 NYCRR 461.2; Matter of Sanon [Amazon Logistics, Inc.-Commissioner of Labor] , 213 AD3d 1040 , 1042 [3d Dept 2…
discussed Cited "see" Matter of McKenzie (Commr. of Labor)
N.Y. App. Div. · 2016 · signal: see · confidence high
Notably, “the statutory time period in which to request a hearing is to be strictly construed, and the statute contains no provision permitting an extension of time in which an employer can request a hearing” (Matter of Rago [Resource One, Inc. — Com missioner of Labor], 22 AD3d 1002, 1002 [2005]; see Matter of White [Lurie — Commissioner of Labor], 49 AD3d 932, 933 [2008]).
Retrieving the full opinion text from the archive…
In the Matter of David Zaire
v.
Dale Artus, as Superintendent of Clinton Correctional Facility
Appellate Division of the Supreme Court of the State of New York.
Mar 6, 2008.
49 A.D.3d 932
Published

Petitioner, a prison inmate, was charged in a misbehavior report with refusing a direct order and violating facility count procedures. The report was issued after petitioner slept through an announced inmate count with his cell lights off, thus delaying the count. Following a tier II disciplinary hearing, petitioner was found guilty of the count procedure violation. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.

Contrary to petitioner’s assertion, the misbehavior report, together with petitioner’s statements indicating his awareness of the daily counts, provide substantial evidence to support the determination that he violated count procedures, notwithstanding dismissal of the remaining charge (see Matter of Moore v Portuondo, 267 AD2d 537, 537 [1999]). Accordingly, we confirm.

Cardona, P.J., Mercure, Peters, Spain and Rose, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.