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Petitioner Local 94, representing New York City public school custodial workers, initiated a CPLR article 78 proceeding to compel the Comptroller of the City of New York to investigate prevailing wage complaints under Labor Law § 230 et seq. The Comptroller had previously closed these complaints, asserting a lack of jurisdiction due to the workers not being covered by the Prevailing Wage Law. The court determined that mandamus to compel or review was not applicable, as the petitioner failed to demonstrate a clear legal right or that the Comptroller acted arbitrarily or capriciously. The court found that the subject workers are not covered by the Prevailing Wage Law, specifically regarding the definitions of 'contractor' and 'building service employee'. Consequently, the respondent's motion was granted, and the petition was denied and the proceeding dismissed.
Brown v. Liu is a workers' compensation case decided in New York Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in New York Supreme Court.
Full Decision Text1 Pages
Petitioner Local 94, representing New York City public school custodial workers, initiated a CPLR article 78 proceeding to compel the Comptroller of the City of New York to investigate prevailing wage complaints under Labor Law § 230 et seq. The Comptroller had previously closed these complaints, asserting a lack of jurisdiction due to the workers not being covered by the Prevailing Wage Law. The court determined that mandamus to compel or review was not applicable, as the petitioner failed to demonstrate a clear legal right or that the Comptroller acted arbitrarily or capriciously. The court found that the subject workers are not covered by the Prevailing Wage Law, specifically regarding the definitions of 'contractor' and 'building service employee'. Consequently, the respondent's motion was granted, and the petition was denied and the proceeding dismissed.
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