MATTER OF J. E. ROZE ASSOCS., INC. v. DEP'T OF LABOR OF THE STATE OF NEW YORK


143 A.D.2d 510 (1988)

In the Matter of J. E. Roze Associates, Inc., as Prime Contractor, and APCO Erectors, as Subcontractor, Petitioner, v. Department of Labor of the State of New York, Respondent

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

September 27, 1988


Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

The determination of the Commissioner of Labor that petitioner Apco willfully failed to pay its employee prevailing wages is supported by substantial evidence. A violation of Labor Law § 220 is willful when the contractor acted knowingly, intentionally or deliberately (Matter of Green Is. Constr. Co. v Roberts, 139 A.D.2d 907

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