MATTER OF BROIDRICK v. LINDSAY


39 N.Y.2d 641 (1976)

In the Matter of Thomas J. Broidrick, Jr., et al., as Trustees of the New York Building and Construction Industry Board of Urban Affairs Fund, et al., Respondents, v. John V. Lindsay, as Mayor of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 11, 1976.


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Beverly Gross and L. Kevin Sheridan of counsel), for appellants.

Robert G. Benisch, Walter M. Colleran and Robert J. Fink for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


Chief Judge BREITEL.

The issue is whether the New York City Deputy Mayor-City Administrator has the power to mandate by regulation affirmative action, in the form of meeting prescribed minority percentages of employment, by construction contractors with the city. The question arises on appeal from determinations adverse to defendant city in an article 78 proceeding...

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