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MATTER OF CHRISTA CONSTRUCTION, LLC v. SMITH

63 A.D.3d 1331 (2009)

880 N.Y.S.2d 786

In the Matter of CHRISTA CONSTRUCTION, LLC, Respondent, v. M. PATRICIA SMITH, as Commissioner of Labor, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 11, 2009.

Spain, J.

Pursuant to a contract with United Development Corporation, petitioner was in the process of constructing a student housing project near Niagara County Community College in the Town of Cambria, Niagara County when the Department of Labor (hereinafter DOL) commenced an investigation as to whether the project was subject to the prevailing wage law (see Labor Law § 220). In response to inquiries from one of the developers involved in the project...

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