IN RE: N. Picco and Sons Contracting (2010)

Argued-September 10, 2010

DECISION & JUDGMENT

Hollander & Strauss, LLP, Great Neck, N.Y. (Michael R. Strauss of counsel), for

petitioners.

Proceeding pursuant to CPLR article 78 and Labor Law § 220(8) to review a determination and order of the Acting Commissioner of the New York State Department of Labor dated August 11, 2009, which adopted the findings of fact, conclusions of law, and recommendations of a hearing officer, made after a hearing, inter alia, that the petitioner N. Picco and Sons Contracting, Inc., willfully failed to pay certain employees prevailing wages and supplements on four public works projects.

ADJUDGED that the proceeding is dismissed, with costs.

The petitioners commenced the instant proceeding more than 30 days after service upon them of the notice of the filing of the challenged determination and order in the office of the fiscal officer of the appropriate governmental entity, here, the Office of the Commissioner of the New York State Department of Labor.   Under such circumstances, the proceeding is time-barred (see Labor Law § 220[8];  Matter of Local 237, Int. Bhd. of Teamsters v Comptroller of City of N.Y., 259 A.D.2d 314, 314;  Bolovis v. Polis Contr.   Corp., 235 A.D.2d 323, 323;  cf.  CPLR 217[1];  Matter of Edmead v. McGuire, 67 N.Y.2d 714, 716;  Matter of Lion Constr.   Corp. v New York State Dept. of Labor, 266 A.D.2d 394, 394-395), and must be dismissed.

In light of the foregoing, we need not reach the merits of the petitioners' contentions.

MASTRO, J.P., SANTUCCI, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court