Proceeding pursuant to CPLR article 78 and Labor Law § 220 (8) to a review a determination of Colleen Gardner, the Commissioner of the New York State Department of Labor, dated November 28, 2011, which adopted the findings of fact and conclusions of law of a hearing officer dated September 20, 2011, which, after a hearing, inter alia, found that the petitioner willfully failed to pay prevailing wages and supplements to
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