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DeMARTINO v. NEW YORK STATE DEPT. OF LABOR

13-CV-5273 (KAM) (MDG).

167 F.Supp.3d 342 (2016)

Frank DeMARTINO and TADCO Construction Corp., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF LABOR; Dormitory Authority of the State of New York; Peter M. Rivera, Commissioner of the New York State Department of Labor, in his official and individual capacities; John Padula, in his official and individual capacities; John W. Scott, in his official and individual capacities; Dennis Monahan, in his official and individual capacities; and John Does #1-10, in their official and individual capacities, Defendants.

United States District Court, E.D. New York.

Signed March 1, 2016.

Attorney(s) appearing for the Case

Bryan Ha , White Plains, NY, for Plaintiffs.

Seth Kupferberg , Office of the Attorney General, Deanna DeFrancesco , Margaret Amanda Devoe , New York City Law Department, Scott Brian Glotzer , NYC Office of Corporation Counsel, New York, NY, for Defendants.

MEMORANDUM & ORDER

The New York Labor Law authorizes the Commissioner of the New York Department of Labor ("DOL") to order the withholding of payments due a contractor on a public works project if that contractor fails to pay a prevailing wage to its workers. Plaintiffs — TADCO...

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