LBS of Frankfort, Inc. v. Hudacs

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Labor Law §§ 220 and 220-b) to review a determination of respondent which, inter alia, found that petitioner failed to pay prevailing wage and wage supplements.

In our view, there is substantial evidence in the record to support respondent’s factual determination that Lester Mancuso, a mason hired by petitioner to perform duties on a public works project, was petitioner’s employee and not an independent contractor (see, Labor Law § 220 [8]). Evidence was adduced at the administrative hearing that Mancuso had no written…