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).