AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of KONSKI ENGINEERS, P.C., Petitioner, v. COMMISSIONER OF LABOR OF THE STATE OF NEW YORK, Respondent.

Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is no merit to the contention of petitioner that it was prejudiced as a result of respondent's delay in processing the complaint, in violation of State Administrative Procedure Act § 301 (1). Upon our review of the record, we conclude that the delay was not unreasonable ( see, Matter of Cortlandt Nursing Home v. Axelrod, 66 N.Y.2d 169, rearg denied 66 N.Y.2d 1035, cert denied 476 U.S. 1115).

Respondent's determination that Norsea Corporation failed to pay the prevailing rate of wages and supplements to its workers in the amount of $14,693.81 is supported by substantial evidence and is neither arbitrary nor capricious ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179). We conclude that there is no need to remit the matter to recalculate the wages and supplements and the interest to be paid thereon.

Finally, we conclude that the determination of a willful violation of the Labor Law against Norsea Corporation is based upon substantial evidence and is neither arbitrary nor capricious. As the prime contractor, petitioner is responsible for Norsea Corporation's failure to make proper wage and supplement payments ( see, Labor Law § 223; Unicorn Developers v. Commissioner of Labor of State of N.Y., 190 A.D.2d 807).

Use AI to get other relevant cases.

Comments

MATTER OF KONSKI ENGR. v. COMMR. OF LABOR
(Jul 12, 1996)