Nicoletta v. Hartnett
Cases that cite this one
2 later published cases cite this decision.
- A. Uliano & Son. Ltd. v. New York State Department of Labor (Appellate Division of the Supreme Court of New York 2012)
- A. Uliano & Son. Ltd. v. New York State Department of Labor (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Labor Law § 220) to review a determination of respondent which, inter alia, found that petitioner had willfully underpaid employees.
In September 1985, petitioner (doing business as Nicoletta Building Contractors) entered into a contract with the Village of Seneca Falls, Seneca County, for construction work involving the village offices. Thereafter, the Department of Labor issued to petitioner a "prevailing rate schedule” which specified the hourly wage rates to be paid to workers on the project.
In August 1986, a complaint of underpayment of wages was received by the Bureau of Public Works and an investigation
Petitioner contends that respondent’s determination that he underpaid Steven Di Santo, Robert Marr and Christopher Wilbur is not supported by substantial evidence. We disagree. Although conflicting evidence was presented concerning the claims of these employees, matters of credibility are exclusively within the province of respondent to resolve (see, Matter of Hull-Hazard, Inc. v Roberts, 129 AD2d 348, 352, affd 72 NY2d 900). Respondent’s finding of underpayment was amply supported by the testimony of Thomas Burns, who conducted the investigation of petitioner for the Department of Labor, and Di Santo, one of the employees in question. There was also sufficient evidence to support respondent’s conclusion that petitioner’s violation of the Labor Law was willful (see, Matter of Cam-Ful Indus. [Roberts], 128 AD2d 1006,1007). Finally, we are not persuaded that respondent erred in imposing a 10% rate of interest and a civil penalty.
Determination confirmed, and petition dismissed, without costs. Kane, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.