MATTER OF T.F. JUDSON JR. CO., LTD. v. HARTNETT


177 A.D.2d 940 (1991)

In the Matter of T.F. Judson Jr. Company, Ltd., Doing Business as Pike Company, Petitioner, v. Thomas F. Hartnett, as Commissioner of Labor of The State of New York, Respondent

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

November 15, 1991


Determination unanimously modified on the law and as modified confirmed without costs, in accordance with the following Memorandum: We find that the Commissioner's determination that petitioner failed to pay its employee the prevailing wage pursuant to Labor Law § 220 (3) is supported by substantial evidence (see generally, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443). The determination that the violation was willful...

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