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Delphi v. New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 2008
53 A.D.3d 614 (N.Y. App. Div. 2008)

Opinion

No. 2007-10350.

July 22, 2008.

Proceeding pursuant to CPLR article 78 and Labor Law § 220 (8) to review a determination of the Commissioner of the New York State Department of Labor dated August 14, 2007, which, after a hearing, inter alia, found that the petitioner failed to pay the prevailing wage or supplement on a public works project and assessed a civil penalty. Motion by the respondents to dismiss the proceeding for lack of personal jurisdiction.

Richard Cucolo, Albany, N.Y., for respondents.

Before: Rivera, J.P., Spolzino, Dillon and Balkin, JJ.


Ordered that the motion is granted; and it is further, Adjudged that the proceeding is dismissed, without costs or disbursements.

The petitioner failed to comply with CPLR 307 (2) and 7804 (c).


Summaries of

Delphi v. New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 22, 2008
53 A.D.3d 614 (N.Y. App. Div. 2008)
Case details for

Delphi v. New York

Case Details

Full title:In the Matter of DELPHI PAINTING AND DECORATING CO., INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 22, 2008

Citations

53 A.D.3d 614 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6373
860 N.Y.S.2d 753