Opinion
February 9, 1995
Petitioner waived its rights to object to the Comptroller's lengthy delay in prosecuting this matter by entering into a valid settlement, stipulated to on the record by petitioner's president (see, Matter of Able Med. Transp. v. Axelrod, 139 A.D.2d 921).
We note that the Comptroller is entitled to seek full recourse for the deficiency from petitioner who is responsible for the violations of its subcontractor under Labor Law § 223 (see, Matter of Canarsie Plumbing Heating Corp. v. Goldin, 151 A.D.2d 331, 333-334).
We have considered petitioner's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Rubin, Ross and Tom, JJ.