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DeMARTINO v. NEW YORK STATE DEPT. OF LABOR

13-CV-5273 (KAM) (MDG).

167 F.Supp.3d 342 (2016)

Frank DeMARTINO and TADCO Construction Corp., Plaintiffs, v. NEW YORK STATE DEPARTMENT OF LABOR; Dormitory Authority of the State of New York; Peter M. Rivera, Commissioner of the New York State Department of Labor, in his official and individual capacities; John Padula, in his official and individual capacities; John W. Scott, in his official and individual capacities; Dennis Monahan, in his official and individual capacities; and John Does #1-10, in their official and individual capacities, Defendants.

United States District Court, E.D. New York.

Signed March 1, 2016.

Attorney(s) appearing for the Case

Bryan Ha, White Plains, NY, for Plaintiffs.

Seth Kupferberg, Office of the Attorney General, Deanna DeFrancesco, Margaret Amanda Devoe, New York City Law Department, Scott Brian Glotzer, NYC Office of Corporation Counsel, New York, NY, for Defendants.

MEMORANDUM & ORDER

The New York Labor Law authorizes the Commissioner of the New York Department of Labor ("DOL") to order the withholding of payments due a contractor on a public works project if that contractor fails to pay a prevailing wage to its workers. Plaintiffs — TADCO...

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