RONDOUT ELEC v. MONROE SCHOOL


301 A.D.2d 113 (2002)

751 N.Y.S.2d 262

In the Matter of RONDOUT ELECTRIC, INC., Appellant, v. MONROE WOODBURY CENTRAL SCHOOL DISTRICT, Respondent, and LINDA ANGELLO, Intervenor-Respondent.

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

November 12, 2002.


Attorney(s) appearing for the Case

Lewis & Greer, P.C., Poughkeepsie (Lou Lewis and Veronica A. McMillan of counsel), for appellant.

Donoghue, Thomas, Auslander & Drohan, Hopewell Junction (Daniel Petigrow of counsel), for respondent.

PRUDENTI, P.J., FRIEDMANN and H. MILLER, JJ., concur.


OPINION OF THE COURT

FEUERSTEIN, J.

On this appeal we are presented with the issue of whether, upon a proper application, the Supreme Court has the authority to allow a contractor to post an undertaking and receive contract funds withheld pursuant to a Department of Labor (hereinafter the DOL) notice under Labor Law § 220-b (2) (b). We hold that it does.

I.

In April 1997, the petitioner was awarded a construction contract by the respondent...

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