Kelly's Sheet Metal, Inc. v. Thompson

Determination of respondent Comptroller of the City of New York, dated January 14, 2008, which, inter alia, found that petitioner willfully failed to pay the prevailing rate of wages and benefits to three complainants who worked on projects at Bellevue Hospital, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (commenced in this Court pursuant to Labor Law § 220 [8]), dismissed, without costs.

Petitioner’s argument that it did not exercise sufficient control over the complainants to render them its employees is not preserved; before the…