Elmira Structures, Inc. v. Hartnett

Appellate Division of the Supreme Court of New York

Elmira Structures, Inc. v. Hartnett

149 A.D.2d 913, 540 N.Y.S.2d 48, 1989 N.Y. App. Div. LEXIS 5897

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 14, 1989

StatusPublished

Cited by2 cases

This text of 149 A.D.2d 913 (Elmira Structures, Inc. v. Hartnett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Elmira Structures, Inc. v. Hartnett, 149 A.D.2d 913, 540 N.Y.S.2d 48, 1989 N.Y. App. Div. LEXIS 5897 (N.Y. Ct. App. 1989).

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Opinion

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: The determination of the Commissioner of Labor that petitioner willfully failed to pay 14 employees the prevailing wage, resulting in an underpayment of $2,397.07, is supported by substantial evidence. Petitioner, an experienced contractor, knew or should have known that these employees were performing carpentry or ironwork, yet it improperly classified and paid them lower wages as laborers (see, Matter of Frey & Campbell v Hartnett, 139 AD2d 928; Gross Plumbing & Heating Co. v New York State Dept. of Labor, 133 AD2d 524; Matter of Cam-Ful Indus. [Roberts], 128 AD2d 1006). We also find substantial evidence to support the Commissioner’s imposition of 10% annual interest and a civil penalty of $360 (see, Labor Law § 220 [8]; Banking Law § 14-a [1]; Matter of Hull-Hazard, Inc. v Roberts, 136 AD2d 872, 874; Matter of Nelson’s Lamp Lighters v Roberts, 136 AD2d 810, 811, lv denied 73 NY2d 702; Matter of Cam-Ful Indus. [Roberts], supra, at 1007; cf., Fra-Dee Constr. v Roberts, 132 AD2d 924, 926, lv denied 70 NY2d 611). (Original proceeding under Labor Law § 220.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.

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— Determination unanimously confirmed and petition dismissed without costs. Memorandum: The determination of the Commissioner of Labor that petitioner willfully failed to pay 14 employees the prevailing wage, resulting in an underpayment of $2,397.07, is supported by substantial evidence. Petitioner, an experienced contractor, knew or should have known that these employees were performing carpentry or ironwork, yet it improperly classified and paid them lower wages as laborers (see, Matter of Frey & Campbell v Hartnett, 139 AD2d 928; Gross Plumbing & Heating Co. v New York State Dept. of Labor, 133 AD2d 524; Matter of Cam-Ful Indus. [Roberts], 128 AD2d 1006). We also find substantial evidence to support the Commissioner’s imposition of 10% annual interest and a civil penalty of $360 (see, Labor Law § 220 [8]; Banking Law § 14-a [1]; Matter of Hull-Hazard, Inc. v Roberts, 136 AD2d 872, 874; Matter of Nelson’s Lamp Lighters v Roberts, 136 AD2d 810, 811, lv denied 73 NY2d 702; Matter of Cam-Ful Indus. [Roberts], supra, at 1007; cf., Fra-Dee Constr. v Roberts, 132 AD2d 924, 926, lv denied 70 NY2d 611). (Original proceeding under Labor Law § 220.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.

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149 A.D.2d 913, 540 N.Y.S.2d 48, 1989 N.Y. App. Div. LEXIS 5897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmira-structures-inc-v-hartnett-nyappdiv-1989.

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