You are here: / / INSUFFICIENT EVIDENCE PUBLIC FUNDS WERE USED TO PAY FOR CONSTRUCTION AT...
,

INSUFFICIENT EVIDENCE PUBLIC FUNDS WERE USED TO PAY FOR CONSTRUCTION AT THE SARATOGA RACE COURSE, THEREFORE THE PREVAILING WAGE REQUIREMENT OF LABOR LAW 220 DID NOT APPLY.

The Third Department annulled the determination of the Department of Labor finding that the New York Racing Association (NYRA) was required to pay the prevailing wage to a construction contractor working at the Saratoga Race Course. The Third Department held there was insufficient proof public funds were used to pay the contractor:

Labor Law § 220 provides that “[t]he wages to be paid for a legal day’s work . . . to laborers, work[ers] or mechanics upon . . . public works, shall be not less than the prevailing rate of wages” (Labor Law 220 § [3] [a]), defined as the rate paid to “workers, laborers or mechanics in the same trade or occupation in the locality where the work is being performed” (Labor Law § 220 [5]). The NY Constitution further provides that “[n]o laborer, worker or mechanic, in the employ of a contractor or sub-contractor engaged in the performance of any public work, shall . . . be paid less than the rate of wages prevailing in the same trade or occupation in the locality within the state where such public work is to be situated, erected or used” (NY Const, art I, § 17). The Court of Appeals has recently clarified the meaning of a public work: “[f]irst, a public agency must be a party to a contract involving the employment of laborers, workers, or mechanics. Second, the contract must concern a project that primarily involves construction-like labor and is paid for by public funds. Third, the primary objective or function of the work product must be the use or other benefit of the general public” … . W.M. Schultz Constr., Inc. v Musolino, 2017 NY Slip Op 01425, 3rd Dept 2-23-17

LABOR LAW (INSUFFICIENT EVIDENCE PUBLIC FUNDS WERE USED TO PAY FOR CONSTRUCTION AT THE SARATOGA RACE COURSE, THEREFORE THE PREVAILING WAGE REQUIREMENT OF LABOR LAW 220 DID NOT APPLY)/EMPLOYMENT LAW INSUFFICIENT EVIDENCE PUBLIC FUNDS WERE USED TO PAY FOR CONSTRUCTION AT THE SARATOGA RACE COURSE, THEREFORE THE PREVAILING WAGE REQUIREMENT OF LABOR LAW 220 DID NOT APPLY)/PREVAILING WAGE INSUFFICIENT EVIDENCE PUBLIC FUNDS WERE USED TO PAY FOR CONSTRUCTION AT THE SARATOGA RACE COURSE, THEREFORE THE PREVAILING WAGE REQUIREMENT OF LABOR LAW 220 DID NOT APPLY)/NEW YORK RACING ASSOCIATION (INSUFFICIENT EVIDENCE PUBLIC FUNDS WERE USED TO PAY FOR CONSTRUCTION AT THE SARATOGA RACE COURSE, THEREFORE THE PREVAILING WAGE REQUIREMENT OF LABOR LAW 220 DID NOT APPLY)

You might also like
DEFENDANT’S WAIVER OF APPEAL WAS INVALID; BASED UPON DEFENDANT’S STATEMENTS AT SENTENCING, THE JUDGE SHOULD HAVE INQUIRED ABOUT WHETHER DEFENDANT WISHED TO WITHDRAW HIS PLEA (THIRD DEPT). ​
NEW YORK WORKERS’ COMPENSATION TREATMENT GUIDELINES APPLY TO CLAIMANTS WHO HAVE MOVED TO AND ARE TREATED IN OTHER STATES (THIRD DEPT).
ATTORNEY HIRED FOR DOCUMENT REVIEW WAS AN EMPLOYEE ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS, DESPITE THE ATTORNEY’S SIGNING A DOCUMENT INDICATING SHE WAS AN INDEPENDENT CONTRACTOR (THIRD DEPT).
ROBERT F KENNEDY, JR’S NOMINATING PETITION DECLARED INVALID (THIRD DEPT).
COUNTY COURT DISMISSED THE PROMOTING PRISON CONTRABAND COUNT; THE PEOPLE APPEALED; COUNTY COURT THEN STAYED ITS DISMISSAL, HELD A TRIAL, AND DEFENDANT WAS CONVICTED; AFTER THE CONVICTION THE PEOPLE’S APPEAL WAS DISMISSED AS MOOT; THE DEFENDANT APPEALED; THE JUDGE HAD NO AUTHORITY TO STAY THE DISMISSAL AND GO TO TRIAL ON THAT COUNT; THE CONVICTION WAS THEREFORE VACATED (THIRD DEPT).
DISCOVERY OF THE COMPLETE DATABASE SHOWING THE DISTRIBUTION OF THE TYPE OF CLOTHES WHICH CAUGHT FIRE WAS APPROPRIATE, MOTION TO AMEND ANSWER PRECLUDED BY DISINGENUOUS BEHAVIOR WHICH PREJUDICED CODEFENDANTS (THIRD DEPT).
“Strangulation” Conviction Affirmed
PLAINTIFF’S NEW COUNSEL FILED A SECOND COMPLAINT ARISING OUT OF THE SAME FACTS AS THE FIRST COMPLAINT TO ALLEGE CERTAIN INTENTIONAL TORTS BEFORE THE STATUTE OF LIMITATIONS RAN OUT, DISMISSAL OF THE SECOND COMPLAINT WAS NOT REQUIRED, CONSOLIDATION OF THE TWO COMPLAINTS WAS ORDERED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

INFORMATION ALLEGED BY THE DEFENDANTS TO HAVE REVEALED FRAUD IN THE SALE OF... ATTORNEY’S FEE FORM IMPROPERLY FILLED, IMPOSSIBLE FOR APPELLATE REVIEW...