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MATTER OF NEW YORK INDEPENDENT CONTRACTORS ALLIANCE v. LIU

2214, 110714/10, 111918/11, 101450/13.

144 A.D.3d 505 (2016)

2016 NY Slip Op 07608

41 N.Y.S.3d 227

In the Matter of NEW YORK INDEPENDENT CONTRACTORS ALLIANCE et al., Respondents, v. JOHN C. LIU, JR., Appellant, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 15, 2016.

The Comptroller's determination to combine the formerly separate trade classifications into a single trade was rational and not arbitrary or capricious (see CPLR 7803 [3]; Matter of West Irondequoit Teachers Assn. v Helsby, 35 N.Y.2d 46, 50 [1974]). Formerly, in classifying asphalt and concrete pavers as distinct trades, the Comptroller had historically relied on not only the nature of the work — differing materials...

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