ARB CASE NO. 03-086
ALJ CASE NO. 97-MSPA-9-P
DATE: September 29, 2003
In the Matter of:
JAMES R. ZAPPALA, JOHN R. ZAPPALA
AND SAMUEL C. ZAPPALA, Individually
and as partners in a partnership, d/b/a
ZAPPALA FARMS,
and
NEMIAS PEREZ-ROBLERO,
RESPONDENTS.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearance:
For the Respondents: Joseph E. Wallen, Esq., Amdursky, Pelky, Fennell & Wallen, P.C., Oswego, New York
FINAL ORDER APPROVING WITHDRAWAL OF APPEAL
This case arises under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), 29 U.S.C.A. §§ 1801-1872 (West 1999) and 29 C.F.R. Part 500 (2002). A Department of Labor Administrative Law Judge (ALJ) issued a Decision and Order (Corrected) on March 20, 2003. Pursuant to 29 C.F.R. § 500.264, James R. Zappala, John R. Zappala and Samuel C. Zappala d/b/a/ Zappala Farms filed a petition requesting the Administrative Review Board to issue a notice of intent to modify or vacate the Decision and Order. The Board issued a Notice of Intent to Modify on April 15, 2003.
By Motion dated September 23, 2003, the Respondents notified the Administrative Review Board that they have executed a settlement agreement with the United States Department of Labor resolving this case and have requested the Board to permit them to withdraw their appeal. For good cause shown, the Board GRANTS the Respondents' motion and DISMISSES the appeal.
SO ORDERED.
M. CYNTHIA DOUGLASS Chief Administrative Appeals Judge
