Griffiss Local Development Corp. v. Gardner

Appeal from an order of the Supreme Court, Oneida County (Anthony E Shaheen, J.), entered September 12, 2011. The order granted the motion of defendants to dismiss the complaint for failure to exhaust administrative remedies.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking a declaration that they were not subject to the prevailing wage provisions of Labor Law § 220 because, inter alia, their project was not a “public work” and thus any attempts by defendants to enforce such provisions against them…