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 INTERNATIONAL FIDELITY INSURANCE COMPANY, Petitioner, v. THOMAS F. HARTNETT, as Commissioner of Labor, Respondent.

Petitioner erroneously seeks to use this CPLR article 78 proceeding as a vehicle to determine the priority of the claims to the monies withheld by the Authority under the contract. Those issues were not raised at the administrative hearing. The scope of a CPLR article 78 proceeding, following an administrative hearing, is limited to review of the issues raised and addressed in that hearing (see, Matter of Simpson v Wolansky, 38 N.Y.2d 391; Matter of Nelson v Coughlin, 188 A.D.2d 1071, appeal dismissed 81 N.Y.2d 834; Fireman's Fund Ins. Co. v Corcoran, 156 A.D.2d 167, 170). Moreover, there is no merit to petitioner's contention that respondent exceeded his jurisdiction in directing the Authority to issue a check for distribution to the underpaid workers "from the monies currently being withheld by the Authority on the contract" inasmuch as that action is authorized by Labor Law § 220-b (2) (e).

Use AI to get other relevant cases.

Comments

MATTER OF INT'L FIDELITY INS. v. HARTNETT
(Dec 29, 1993)