North Country Installers v. Commissioner of Labor

— Main, J.

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 had underpaid its employees.

Petitioner was the subcontractor to Nickerson Corporation, which was awarded a contract by the Watervliet Enlarged City School District to renovate and refurbish metal lockers at Watervliet High School in Albany County. Although petitioner did not receive a copy of the prevailing wage rate schedule until March 8, 1986, after the work was completed, the Department of Labor…