Demartino v. New York State Department of Labor

MEMORANDUM & ORDER

KIYO A. MATSUMOTO, United States District Judge:

The New York Labor Law authorizes the Commissioner of the New York Department of Labor (“DOL”) to order the withholding of payments due a contractor on a public works project if that contractor fails to pay a prevailing wage to its workers. Plaintiffs — TADCO Construction Corp. (“TADCO”), a New York public works contractor, and Frank DeMartino (“DeMartino”), that entity’s owner — filed an amended complaint alleging principally that the DOL improperly issued multiple withholdings in violation of plaintiffs’ due process rights,…