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CHESTERFIELD v. LABOR DEPT.

4 N.Y.3d 597 (2005)

830 N.E.2d 287

797 N.Y.S.2d 389

In the Matter of CHESTERFIELD ASSOCIATES, Appellant, v. NEW YORK STATE DEPARTMENT OF LABOR, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 2005.

Attorney(s) appearing for the Case

Jackson Lewis LLP, White Plains (Greg A. Riolo, Thomas V. Walsh and Michelle McKee Cubbon of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Benjamin N. Gutman, Michael S. Belohlavek, M. Patricia Smith and Pico Paul Ben-Amotz of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

OPINION OF THE COURT

READ, J.

Petitioner, Chesterfield Associates, challenges respondent Department of Labor's use of the "annualization" rule (12 NYCRR 220.2 [d]) to assess whether a contractor has fulfilled its obligation under the prevailing wage law (Labor Law art 8) to pay or provide prevailing supplements to employees for work on a public project. For the reasons that follow, we conclude that the Commissioner...

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