Determination unanimously confirmed without costs and petition dismissed.
Memorandum:
Petitioner, the surety on the performance and the labor and material payment bonds on this public improvement contract between the Dormitory Authority of the State of New York (Authority) and Berlin Wrecking, Ltd. (Berlin), commenced this CPLR article 78 proceeding pursuant to Labor Law §§ 220 and 220-b to review a determination of respondent that Berlin willfully...
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