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MATTER OF WHITING-TURNER CONTR. CO. v. ENVIRONMENTAL CONTROL BD. OF CITY OF N.Y.

8794, 100489/15.

170 A.D.3d 585 (2019)

97 N.Y.S.3d 70

2019 NY Slip Op 02281

In the Matter of Whiting-Turner Contracting Company, Petitioner, v. Environmental Control Board of the City of New York, Respondent.

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

Decided March 26, 2019.

Respondent's determination that petitioner was the general contractor, and therefore responsible for instituting and maintaining safety measures at the mall construction site is supported by substantial evidence (NY City Building Code [Administrative Code of City of NY, tit 28, ch 7] § BC 3301.2; see generally Matter of Rock v Rhea, 114 A.D.3d 578, 580-581 [1st Dept 2014]). At the underlying hearing, petitioner's representative...

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