Legal Opinion

D & D Mason Contractors, Inc. v. Smith

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

Decided February 22, 2011PublishedCited by 20 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 and Labor Law § 220 (8) to review a determination of the respondents New York State Department of Labor and M. Patricia Smith, Commissioner of Labor, dated June 25, 2009, which adopted the findings of fact and conclusions of law of a hearing officer dated February 9, 2009, which, after a hearing, inter alia, found that the petitioners willfully failed to pay prevailing wages and supplements to their employees in accordance with any valid trade classification on a public work project and had falsified payroll records.

Adjudged that the determination is…

2Cases cited23 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
  3. People ex rel. Vega v. SmithNew York Court of Appeals · 1985
  4. Foster v. CoughlinNew York Court of Appeals · 1990
  5. Block v. AmbachNew York Court of Appeals · 1989

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3Cited by20 opinions

  1. Demartino v. New York State Department of LaborDistrict Court, E.D. New York · 2016
  2. Ramirez v. Commissioner of LaborAppellate Division of the Supreme Court of the State of New York · 2013
  3. Scuderi v. GardnerAppellate Division of the Supreme Court of the State of New York · 2013
  4. Pascazi v. GardnerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of LaborAppellate Division of the Supreme Court of the State of New York · 2021

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