Opinion
July 12, 1996
Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: There is no merit to the contention of petitioner that it was prejudiced as a result of respondent's delay in processing the complaint, in violation of State Administrative Procedure Act § 301 (1). Upon our review of the record, we conclude that the delay was not unreasonable ( see, Matter of Cortlandt Nursing Home v. Axelrod, 66 N.Y.2d 169, rearg denied 66 N.Y.2d 1035, cert denied 476 U.S. 1115).
Respondent's determination that Norsea Corporation failed to pay the prevailing rate of wages and supplements to its workers in the amount of $14,693.81 is supported by substantial evidence and is neither arbitrary nor capricious ( see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 179). We conclude that there is no need to remit the matter to recalculate the wages and supplements and the interest to be paid thereon.
Finally, we conclude that the determination of a willful violation of the Labor Law against Norsea Corporation is based upon substantial evidence and is neither arbitrary nor capricious. As the prime contractor, petitioner is responsible for Norsea Corporation's failure to make proper wage and supplement payments ( see, Labor Law § 223; Unicorn Developers v. Commissioner of Labor of State of N.Y., 190 A.D.2d 807).