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MATTER OF HULL-HAZARD, INC. v. ROBERTS

72 N.Y.2d 900 (1988)

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

Court of Appeals of the State of New York.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Jane Lauer Barker, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant-respondent.

La Verne F. O'Dell for respondents-appellants.

Donald D. Oliver for intervenor-appellant-respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Judge ALEXANDER concurs in part and dissents in part and votes to modify in an opinion.

Judgment affirmed, without costs, for the reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division (129 A.D.2d 348). We find especially persuasive the absence of any language in Labor Law § 220-b (3) (b) authorizing the extension of liability for penalties and possible debarment to successor corporations (cf., Public Authorities Law §§ 2601, 2602; General Municipal Law §...

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