Hull Corp. v. Hartnett — 156 A.D.2d 985

Majority

p. 985

Hull Corporation, Petitioner, v Thomas F. Hartnett, as Commissioner of Labor of the State of New York, Respondent.

Determinations unanimously confirmed and petition dismissed without costs. Memorandum: Since the Commissioner has not rendered a determination that petitioner’s willful violations of the Labor Law bar it from bidding on or being awarded any public works contract for a period of five years, any review of this issue is premature and would amount to no more than an advisory opinion (see, New York Pub. Interest Research Group v Carey, 42 NY2d 527 , 531; Furlong v New York State Workers’ Compensation Bd., 97 AD2d 357 ; Matter of Levy v Huntington Hosp., 45 AD2d 848 ). (Article 78 proceeding transferred by order of Supreme Court, Onondaga County, Mordue, J.) Present — Dillon, P. J., Callahan, Denman, Balio and Lawton, JJ.

Cases cited

New York Public Interest Research Group, Inc. v. Carey 42 NY2d 527 N.Y. 1977-11-02 at 531 p. 985
Furlong v. New York State Workers' Compensation Board 97 AD2d 357 N.Y. App. Div. 1983-10-06 p. 985