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MATTER OF MARSH (CATHERWOOD)

17 A.D.2d 527 (1963)

In the Matter of the Claim of Bernice Marsh, Respondent. Martin P. Catherwood, as Industrial Commissioner, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 17, 1963.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel Stern and Paxton Blair of counsel), for appellant.

Henry J. Metzner for respondent.

COON, GIBSON and TAYLOR, JJ., concur with BERGAN, P. J.; HERLIHY, J., dissents in a memorandum.

BERGAN, P. J.

Following the decision of this court in Matter of Sellers (Catherwood) (13 A.D.2d 204), which laid down certain definitive criteria for "prevailing" wages within section 593 (subd. 2, par. [d]) of the Labor Law, the appellant Industrial Commissioner undertook to prescribe for administrative purposes new standards by which prevailing wages should be determined...

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