EMPIRE STATE CHAPTER v. SMITH

No. 101.

21 N.Y.3d 309 (2013)

992 N.E.2d 1067

970 N.Y.S.2d 724

2013 NY Slip Op 4038

EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., et al., Appellants, v. M. PATRICIA SMITH, in Her Official Capacity as Commissioner, New York State Department of Labor, et al., Respondents.

Court of Appeals of New York.

Decided June 6, 2013.


Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Timothy W. Hoover , Michael B. Powers and William J. Simon of counsel), for appellants.

Eric T Schneiderman , Attorney General, Albany ( Andrea Oser , Barbara D. Underwood and Allyson B. Levine of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.


OPINION OF THE COURT

SMITH, J.

We hold that, where the legislature has enacted a law of statewide impact on a matter of substantial state concern but has not treated all areas of the state alike, the Home Rule section of the State Constitution does not require an examination into the reasonableness of the distinctions the legislature has made.

I

The Wicks Law, originally enacted in 1912...

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