Hudacs v. Kimmins Abatement Corp.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Industrial Board of Appeals which revoked a notice of violation and order to comply issued by petitioner.

The facts are not in dispute, having been stipulated by the parties. In June 1990, respondent Kimmins Abatement Corporation entered into a contract with the Olean City School District for asbestos removal at seven different school buildings maintained by the District. On June 27, 1990, Kimmins submitted a single project…