Legal Opinion

Fast Teak Structures, Inc. v. Hartnett

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

Decided March 13, 1992PublishedCited by 5 opinions

1Opinion of the Court

— Determination unanimously modified on the law and as modified confirmed without costs in accordance with the following Memorandum: In this CPLR article 78 proceeding brought pursuant to Labor Law § 220 (8), petitioner argues that the determination of the Commissioner of Labor, that petitioner’s violation of the Prevailing Wage Law in two instances was willful, is arbitrary, capricious, and not supported by substantial evidence. We agree. Petitioner does not contest the fact that violations occurred; petitioner takes issue only with the Commissioner’s finding of willfulness. The term…

2Cases cited4 opinions

  1. Hull-Hazard, Inc. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1987
  2. Hull-Hazard, Inc. v. RobertsNew York Court of Appeals · 1988
  3. J. E. Roze Associates, Inc. v. Department of LaborAppellate Division of the Supreme Court of the State of New York · 1988
  4. Elmira Structures, Inc. v. HartnettAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by5 opinions

  1. Marangos Construction Corp. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1995
  2. M. Passucci General Construction Inc. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1995
  3. Nelson's Lamp Lighters, Inc. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1994
  4. TPK Construction Corp. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1994
  5. National Building & Restoration Corp. v. McGowanAppellate Division of the Supreme Court of the State of New York · 1999

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