(i) any substantially-owned affiliated entity or any successor of the
contractor or subcontractor;
(ii) any of the partners if the contractor or subcontractor is a
partnership or any of the five largest shareholders of the contractor or
subcontractor, as determined by the fiscal officer; or
(iii) any officer of the contractor or subcontractor who knowingly
participated in the violation of this article; provided, however, that
the fiscal officer shall within five days of the filing of the order
provide notice thereof to the partner or top five shareholder or
successor or substantially-owned affiliated entity. The notified party
may contest the filing on the basis that it is not a partner or five
largest shareholders, an officer of the contractor or subcontractor who
knowingly participated in the violation of this article, successor or
substantially-owned affiliated entity. If, after reviewing the
information provided by the notified party in support of such contest,
the fiscal officer determines that the notified party is not within the
definitions described herein, the fiscal officer shall immediately
withdraw his filing of the order.
b. The filing of such order shall have the full force and effect of a
judgment duly docketed in the office of such clerk. The order may be
enforced by and in the name of the fiscal officer in the same manner,
and with like effect, as that prescribed by the civil practice law and
rules for the enforcement of a money judgment.
9. When a final determination has been made against a subcontractor in
favor of a complainant and the contractor has made payment to the
complainant of any wages and interest due the complainant and any civil
penalty, and providing that no relevant proceeding for judicial review
shall then be pending and the time for initiation of such proceeding
shall have expired, the contractor may file a copy of the order of the
fiscal officer containing the amount found to be due with the county
clerk of the county of residence or place of business of the
subcontractor. The filing of such order shall have the full force and
effect of a judgment duly docketed in the office of such clerk. The
judgment may be docketed in favor of the contractor who may proceed as a
judgment creditor against the subcontractor for the recovery of all
monies paid by the contractor under such order.