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HULL-HAZARD, INC. v. ROBERTS

129 A.D.2d 348 (1987)

In the Matter of Hull-Hazard, Inc., et al., Petitioners, v. Lillian Roberts, as Commissioner of Labor of The State of New York, Respondent, and Upstate New York Council of Operating Engineers, Intervenor-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 16, 1987

Attorney(s) appearing for the Case

Bryant, O'Dell & Basso (La Verne F. O'Dell of counsel), for petitioners.

Robert Abrams, Attorney-General (Andrew Schulz of counsel), for respondent.

Blitman & King (Donald T. Oliver of counsel), for intervenor-respondent.

CASEY, YESAWICH, JR., and HARVEY, JJ., concur with MAHONEY, P. J.; LEVINE, J., concurs in part and dissents in part and votes to confirm in an opinion.

MAHONEY, P. J.

Petitioner Hull-Hazard, Inc. entered into a public works contract with the Department of Transportation for the painting and rehabilitation of several bridges along Interstate Route 81 outside the City of Syracuse in Onondaga County. In conjunction with the project, Hull-Hazard hired Albert Redmond. Redmond subsequently filed a complaint with the Department of Labor alleging that he was not paid...

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