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PAV-LAK CONTR. v. McGOWAN

184 Misc.2d 386 (2000)

714 N.Y.S.2d 855

In the Matter of PAV-LAK CONTRACTING INC., Petitioner, v. JAMES J. McGOWAN, as Commissioner of Labor, et al., Respondents.

Supreme Court, Nassau County.

March 16, 2000.

Attorney(s) appearing for the Case

Scotto, Georgoulis, Dockery & Scotto, New York City (Michael McDermott of counsel), for petitioner.

Eliot Spitzer, Attorney General, New York City (Cassandra Bethel of counsel), for James J. McGowan and another, respondents.

Ingerman Smith, L. L. P., Northport (Mary Anne Sadowski of counsel), for Port Jefferson Union Free School District, respondent.

OPINION OF THE COURT

JOSEPH A. DeMARO, J.

This is a CPLR article 78 proceeding wherein petitioner, Pav-Lak Contracting Inc. (Pav-Lak), is seeking an order directing the Department of Labor (DOL) to release and/or remove the notice of cross-withholding placed on funds due Pav-Lak for improvements to the Port Jefferson Elementary School based upon an alleged underpayment of wages by a subcontractor on Islip Union Free School District contract No. 95-00970...

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