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The petitioners challenged a determination by the New York State Department of Labor and its Commissioner, M. Patricia Smith, regarding their willful failure to pay prevailing wages and supplements and falsification of payroll records on a public work project. The court confirmed the original determination, denying the petition and dismissing the proceeding on its merits. The court found the notice of hearing sufficiently specific, affirmed the Laborers (Highway) classification, and held that the determination was supported by substantial evidence. Furthermore, the court found no prejudice due to alleged inadequacies in the notice, the method of calculating underpayments, or the delay in rendering the administrative determination.
D & D Mason Contractors, Inc. v. Smith is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. 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 Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The petitioners challenged a determination by the New York State Department of Labor and its Commissioner, M. Patricia Smith, regarding their willful failure to pay prevailing wages and supplements and falsification of payroll records on a public work project. The court confirmed the original determination, denying the petition and dismissing the proceeding on its merits. The court found the notice of hearing sufficiently specific, affirmed the "Laborers (Highway)" classification, and held that the determination was supported by substantial evidence. Furthermore, the court found no prejudice due to alleged inadequacies in the notice, the method of calculating underpayments, or the delay in rendering the administrative determination.
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