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MATTER OF FOY v. SCHECHTER

1 N.Y.2d 604 (1956)

In the Matter of John Foy et al., Respondents, v. Joseph Schechter et al., Constituting the Municipal Civil Service Commission of the City of New York [City Civil Service Commission of the City of New York], et al., Appellants.

Court of Appeals of the State of New York.

Decided July 11, 1956.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (W. Bernard Richland and Bernard Friedlander of counsel), for Joseph Schechter and others, appellants.

Daniel T. Scannell and Edward P. Cox, Jr., for Hugh J. Casey and others, appellants.

Jacob K. Javits, Attorney-General (Daniel M. Cohen, James O. Moore, Jr., and Irving L. Rollins of counsel), for Alexander A. Falk and others, appellants.

Arthur Karger, Morris Weissberg and Lester G. Knopping for respondents.

CONWAY, Ch. J., DYE and FROESSEL, JJ., concur with VAN VOORHIS, J.; DESMOND, J., dissents and votes to affirm in an opinion; FULD and BURKE, JJ., taking no part.

VAN VOORHIS, J.

Petitioners, John Foy and Sidney Goldman, are welders. They are employed in the New York City Transit System in the position of car maintainer, group D. Foy has held his position continuously (under different titles) since June 3, 1936 and Goldman since March 29, 1951. The issue is whether they are to be paid at the prevailing rate of wage under section 220 of the Labor Law. Foy was one of the...

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