MATTER OF ERIC LUTZ CONSTRUCTION, INC. v. McGOWAN


283 A.D.2d 574 (2001)

724 N.Y.S.2d 764

In the Matter of ERIC LUTZ CONSTRUCTION, INC., Petitioner, v. JAMES J. McGOWAN et al., Respondents.

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

Decided May 21, 2001.


Adjudged that the petition is granted to the extent that the provisions of the determination which imposed a 16% rate of interest and awarded a civil penalty are annulled; the determination is otherwise confirmed and the proceeding is otherwise dismissed on the merits, without costs or disbursements, and the matter is remitted to the respondents for the imposition of a new rate of interest not to exceed 6%.

This proceeding pursuant to CPLR article 78 was brought by...

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