Konski Engineers v. Comm'r, 229 A.D.2d 950 (N.Y. App. Div. 1996). · Go Syfert
Search
Konski Engineers v. Comm'r, 229 A.D.2d 950 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Consumers Beverages, Inc. v. Kavcon Dev. LLC (nyappdiv, 2024-05-03)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Consumers Beverages, Inc. v. Kavcon Dev. LLC
N.Y. App. Div. · 2024 · confidence medium
Co. , 229 AD2d 950, 951 [4th Dept 1996]), it failed to meet its burden of demonstrating that disqualification is warranted.
discussed Cited as authority (rule) Glenman Industrial & Commercial Contracting Corp. v. New York State Office of State Comptroller
N.Y. App. Div. · 2010 · confidence medium
As a result, respondent Office of the State Comptroller (hereinafter OSC) withheld payments due to petitioner (the general contractor) in excess of $1,329,000 pending final determination of the investigations of the two subcontractors (see Labor Law § 223 [general contractor responsible for noncompliance of subcontractor]; Matter of Konski Engrs. v Commissioner of Labor of State of N.Y., 229 AD2d 950, 950 [1996], lv denied 89 NY2d 802 [1996]).
cited Cited as authority (rule) Niagara Mohawk Power Corp. v. Town of Tonawanda Assessor
N.Y. App. Div. · 1997 · confidence medium
Co., 229 AD2d 950, 951; see also, Millar El.
Retrieving the full opinion text from the archive…
In the Matter of Konski Engineers, P. C.
v.
Commissioner of Labor of the State of New York
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 1996.
229 A.D.2d 950
Cited by 2 opinions  |  Published

—Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is no merit to the contention of petitioner that it was prejudiced as a result of respondent’s delay in processing the complaint, in violation of State Administrative Procedure Act § 301 (1). Upon our review of the record, we conclude that the delay was not unreasonable (see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, rearg denied 66 NY2d 1035, cert denied 476 US 1115).

Respondent’s determination that Nor sea Corporation failed to pay the prevailing rate of wages and supplements to its workers in the amount of $14,693.81 is supported by substantial evidence and is neither arbitrary nor capricious (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 179). We conclude that there is no need to remit the matter to recalculate the wages and supplements and the interest to be paid thereon.

Finally, we conclude that the determination of a willful violation of the Labor Law against Nor sea Corporation is based upon substantial evidence and is neither arbitrary nor capricious. As the prime contractor, petitioner is responsible for Nor sea Corporation’s failure to make proper wage and supplement payments (see, Labor Law § 223; Unicorn Developers v Commissioner of Labor of State of N. Y., 190 AD2d 807). (Original Proceeding Pursuant to Labor Law § 220.) Present—Pine, J. P., Fallon, Wesley, Balio and Boehm, JJ.