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MATTER OF BOB BRUNO EXCAVATING, INC. v. REARDON

1118 OP 16-02254.

153 A.D.3d 1669 (2017)

2017 NY Slip Op 06827

60 N.Y.S.3d 875

In the Matter of BOB BRUNO EXCAVATING, INC., et al., Petitioners, v. ROBERTA REARDON, Commissioner of Labor, State of New York, Respondent.

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

Decided September 29, 2017.

It is hereby ordered that said petition is unanimously dismissed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding, initiated in this Court pursuant to Labor Law § 220 (8), seeking to annul a determination of respondent that, inter alia, found that petitioners had underpaid their workers on certain public works projects for the City of Auburn. We conclude that the petition must be dismissed. There is no dispute that respondent's...

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