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MATTER OF FLANNERY v. JOSEPH

300 N.Y. 149 (1949)

In the Matter of Walter J. Flannery et al., Appellants, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent. In the Matter of Rolando S. Malerba et al., Appellants, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

T. Robert Gabrielli for Walter J. Flannery and others, petitioners-appellants.

Samuel Resnicoff for Rolando S. Malerba and others, petitioners-appellants.

David A. Savage and Donald A. Savage for a group of maintenance men employed by the City of New York, amicus curiæ, in support of petitioners-appellants' position.

John P. McGrath, Corporation Counsel (Howard C. Fischbach and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.

BROMLEY, J.

Appellants are a group of maintenance men employed under that civil service title to tend buildings owned by the City of New York. They challenge a number of rulings made by the comptroller in a proceeding, pursuant to section 220 of the Labor Law, to fix the "prevailing rate of wages" paid to workmen of "the same trade or occupation" in that city. By a divided court the Appellate Division has sustained...

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