Legal Opinion

522939 Matter of W.M. Schultz Construction, Inc. v. Musolino

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 2017No. 522936Published

1Opinion of the Court

McCarthy, J.P.

Proceedings pursuant to CPLR article 78 (initiated in this Court pursuant to Labor Law §§ 220 and 220-b) to review a determination of respondent finding that petitioners failed to pay prevailing wages and supplements.

The New York Racing Association (hereinafter NYRA) is a not-for-profit corporation, incorporated September 12, 2008. NYRA is both the lessee of state-owned racetracks and their facilities, including Saratoga Race Course, and a franchisee tasked with continuing racing and racing operations at those racetracks. In April 2009, NYRA entered into a contract with…

2Cases cited6 opinions

300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
De La Cruz v. Caddell Dry Dock & Repair Co.New York Court of Appeals · 2013
R.I., Inc. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2010
Nash v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2006
New York Charter Schools Ass'n v. DiNapoliNew York Court of Appeals · 2009

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