Matter of D & D Mason Contractors, Inc. v Smith
Motion No: 2009-06815
Slip Opinion No: 2011 NY Slip Op 76529(U)
Decided on June 23, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M121943

E/ct

ANITA R. FLORIO, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-06815

In the Matter of D & D Mason Contractors,

Inc., et al., petitioners, v M. Patricia Smith,

et al., respondents.

DECISION & ORDER ON MOTION

Motion by the petitioners for leave to reargue a proceeding pursuant to CPLR article 78 and Labor Law § 220(8) to review a determination of the respondents New York State Department of Labor and M. Patricia Smith, Commissioner of Labor, dated June 25, 2009, which was determined by decision and judgment of this Court dated February 22, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and judgment of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court