Dadson Plumbing Corp. v. Goldin

Kupferman, J. P.,

dissents in a memorandum as follows: I would grant the petition and annul the determination.

At issue is the question of whether there was a willful violation of section 220 of the Labor Law more than twice in a six-year period.

We have heretofore considered the question most recently (Matter of Action Elec. Contrs. Co. v Goldin, 102 AD2d 732).

I would conclude that there was not a rational basis for the determination of a willful violation.

The petitioner is a small plumbing corporation, family owned, consisting of two licensed plumbers, and has engaged exclusively in the…