Beaver Building Corp. v. Roberts

Motion to dismiss proceeding granted, without costs. The failure to serve the Attorney-General (see, CPLR 7804 [c]) during the 30-day period set forth in Labor Law § 220 (8) is a jurisdictional defect which precludes our consideration of this matter (see, Matter of Schenck v State Tax Commn., 112 AD2d 517 ; Matter of Johnson v New York State Employees’ Retirement Sys., 90 AD2d 573 , 574). Kane, J. P., Main, Casey, Weiss and Mikoll, JJ., concur.