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MATTER OF DON v. JOSEPH

1 N.Y.2d 708 (1956)

In the Matter of Stephen Don et al., Respondents, v. Lazarus Joseph, as Comptroller of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1956.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for appellant.

Benjamin Heller and Bernard A. Abrashkin for respondents.

Concur: CONWAY, Ch. J., DESMOND, DYE and FULD, JJ. VAN VOORHIS, J., dissents in the following opinion. Taking no part: FROESSEL and BURKE, JJ.

Order affirmed, with costs. The classification of petitioners by the municipal civil service commission in Part 38 of the competitive class in a salary grade "at the prevailing rate of wages * * * as determined by law" entitled them to prevailing wages in this proceeding under section 220 of the Labor Law. (Matter of Golden v. Joseph, 307 N.Y. 62, 68.)

VAN VOORHIS, J. (dissenting).

The order appealed from...

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