MATTER OF ASTORIA GENERAL CONTR. CORP. v. STRINGER

2326, 41/15.

144 A.D.3d 603 (2016)

2016 NY Slip Op 08012

42 N.Y.S.3d 120

In the Matter of ASTORIA GENERAL CONTRACTING CORP. et al., Petitioners, v. SCOTT STRINGER et al., Respondents.

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

Decided November 29, 2016.


When reviewing whether an administrative agency's determination was supported by substantial evidence, the touchstone of our review is whether there was a rational basis underlying the determination (see Whitten v Martinez, 24 A.D.3d 285, 286 [1st Dept 2005]). Here, initially we agree with the Comptroller that substantial evidence supported the determination that AGC falsified payroll records and willfully failed to pay prevailing...

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