Ovadia v Office of the Indus. Bd. of Appeals

Ovadia v Office of the Indus. Bd. of Appeals 2012 NY Slip Op 05112 Decided on June 26, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2012
Sweeny, J.P., Moskowitz, DeGrasse, Freedman, Richter, JJ.
4207 101890/10

[*1]Eyal Ovadia, et al., Petitioners,

v

Office of the Industrial Board of Appeals, et al., Respondents.




D'Agostino, Levine, Landesman & Lederman, LLP, New York
(Bruce H. Lederman of counsel), for petitioners.
Andrew M. Cuomo, Attorney General, New York (C. Michael
Higgins of counsel), for respondents.

Upon remittitur from the Court of Appeals (__ NY3d __, 2012 NY Slip Op 03358 [2012]), determination of respondent Industrial Board of Appeals, dated December 14, 2009, affirming an order of respondent Commissioner of the Department of Labor directing petitioners to pay the claimants unpaid wages, unanimously annulled, on the law, without costs, and the matter remanded for further proceedings.

The Court of Appeals remitted the matter to this Court with directions to remand to the Industrial Board of Appeals for further proceedings in accordance with Court of Appeals' opinion, including "a determination of whether Ovadia made an enforceable promise to pay the workers for their continued work following Bruten's disappearance and whether the workers relied on his promise by continuing to work at the construction site for the following six days" (id. at *6).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 26, 2012

DEPUTY CLERK