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CAYUGA-ONONDAGA BD v. SWEENEY

89 N.Y.2d 395 (1996)

676 N.E.2d 854

654 N.Y.S.2d 92

In the Matter of Cayuga-Onondaga Counties Board of Cooperative Educational Services, Appellant, v. John E. Sweeney, as Commissioner of Labor of State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 20, 1996.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, LLP, Syracuse (Thomas J. Grooms and Sharon M. Sulimowicz of counsel), for appellant.

Dennis C. Vacco, Attorney-General, New York City (Jennifer S. Brand, Barbara G. Billet, Peter H. Schiff, Daniel F. De Vita and M. Patricia Smith of counsel), for respondents.

Donna M. C. Giliberto, Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Jay Worona, Albany, and Cheryl Randall for New York State School Boards Association, Inc., amicus curiae.

Judges SIMONS, TITONE and SMITH concur with Judge LEVINE; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge KAYE and Judge BELLACOSA concur.

LEVINE, J.

The facts of this controversy are essentially undisputed. In 1992, petitioner Cayuga-Onondaga Counties Board of Cooperative Educational Services (BOCES) entered into an agreement with one of its member school districts, the Auburn City School District, to provide the labor for a lighting improvement project consisting of changing the ballasts in the fluorescent lighting to more energy efficient ballasts...

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