Majority
Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to Labor Law § 220 [8]), to review a determination of respondent. The determination, inter alia, found that petitioners had underpaid their workers on certain public works projects.
It is hereby ordered that said petition is unanimously dismissed without costs.
Memorandum: Petitioners commenced this CPLR article 78 proceeding, initiated in this Court pursuant to Labor Law § 220 (8), seeking to annul a determination of respondent that, inter alia, found that petitioners had underpaid their workers on certain public works projects for the City of Auburn. We conclude that the petition must be dismissed. There is no dispute that respondent’s determination was made upon petitioners’ default, and it is well settled that a petitioner “is not aggrieved by an administrative determination made on his [or her] default and may not seek to review such a determination” (Matter of Brisbon v New York City Hous. Auth., 133 AD3d 746 , 747 [2015] [internal quotation marks omitted]; see Matter of Matsos Contr. Corp. v New York State Dept. of Labor, 80 AD3d 924 , 925 [2011]; see also CPLR 5511). The proper remedy for petitioners is to make an application to respondent to reopen the administrative hearing and/or vacate the default (see
Present — Centra, J.P., Peradot-to, NeMoyer, Troutman and Winslow, JJ.
Cases cited
- Brisbon v. New York City Housing Authority 133 AD3d 746 at 747 p. 1669
- Matsos Contracting Corp. v. New York State Department of Labor 80 AD3d 924 at 925 p. 1669
- Interboro Management Co. v. State Division of Human Rights 139 AD2d 697 at 698 p. 1670
- Yarbough v. Franco 95 NY2d 342 at 347 p. 1670
- Tony's Towing Service, Inc. v. Swarts 109 AD3d 475 at 476 p. 1670
- Brooks v. New York City Housing Authority 58 AD3d 836 at 837-838 p. 1670