MATTER OF AGESEN v. CATHERWOOD


26 N.Y.2d 521 (1970)

In the Matter of Bruce Agesen et al., Appellants, v. M. P. Catherwood, as Industrial Commissioner of the State of New York, Respondent, and Port of New York Authority, Intervenor-Respondent. (And Two Other Titles.)

Court of Appeals of the State of New York.

Decided May 27, 1970.


Attorney(s) appearing for the Case

W. Bernard Richland, Michael A. Buonora, Abrashkin & Krieger and Harold Stern for appellants.

Joseph Lesser, Sidney Goldstein, Isobel E. Muirhead, Arthur P. Berg and John J. Graubard for intervenor-respondent.

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

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.


BREITEL, J.

Petitioners, direct employees of the Port of New York Authority engaged in the building and mechanical trades, appeal in consolidated proceedings under CPLR article 78, in which they urge the applicability to their employment of New York's prevailing rate of wage legislation (Labor Law, § 220).

The Industrial Commissioner, by order and determination dated August 4, 1967, dismissed petitioners...

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