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TENALP CONSTR CORP v. ROBERTS

141 A.D.2d 81 (1988)

In the Matter of Tenalp Construction Corporation, Petitioner, v. Lillian Roberts, as New York State Commissioner of Labor, Respondent

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

September 26, 1988

Attorney(s) appearing for the Case

Lava, Levine and Sambur (Eliot S. Levine on the brief), for petitioner.

Robert Abrams, Attorney-General (Patricia M. Smith, Jane Lauer Barker and Adeline Liu of counsel), for respondent.

RUBIN, J. P., KOOPER and SULLIVAN, JJ., concur.

BALLETTA, J.

This proceeding raises a question of first impression of whether the New York State Commissioner of Labor may require a contractor on a public work project to pay an employee who is performing both supervisory and nonsupervisory duties the prevailing wage rate under Labor Law § 220 for that portion of the employee's time that he was doing nonsupervisory work. We now answer that question in the...

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