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MATTER OF AGESEN v. CATHERWOOD

32 A.D.2d 416 (1969)

In the Matter of Bruce Agesen et al., Respondents, v. M. P. Catherwood, as Industrial Commissioner of The State of New York, Appellant, and Port of New York Authority, Intervenor-Appellant. (Proceeding No. 1 and Two Other Titles.)

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

July 25, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz and Irving L. Rollins of counsel), for appellant.

Sidney Goldstein (Joseph Lesser, Isobel E. Muirhead, Arthur P. Berg and John J. Graubard of counsel), for intervenor-appellant.

Michael A. Buonora for respondents in Proceeding No. 1.

Abrashkin & Krieger for respondents in Proceeding No. 2.

Harold Stern (W. Bernard Richland of counsel), for respondents in Proceeding No. 3.

BRENNAN, BENJAMIN, MUNDER and MARTUSCELLO, JJ., concur.

BELDOCK, P. J.

The issue presented on this appeal is whether the Port of New York Authority, the intervenor herein, is required to pay its "direct" employees the prevailing rate of wages pursuant to section 220 of the Labor Law. The petitioners and approximately 700 other named men similarly situated are laborers, workmen and mechanics who are "direct" employees of the Port Authority (as distinguished from employees...

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