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MTR OF BALLARD CONSTR v. ROSS

63 A.D.2d 99 (1978)

In the Matter of Ballard Construction, Inc., et al., Respondents, v. Philip Ross, as Industrial Commissioner of The State of New York, Appellant

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

July 13, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for appellant.

Bryant, O'Dell & Basso (Laverne F. O'Dell of counsel), for respondents.

Doran, Colleran, O'Hara & Dunne, P. C. (Richard L. O'Hara of counsel), for New York State AFL-CIO and another, amici curiae.

MAIN, LARKIN, MIKOLL and HERLIHY, JJ., concur.

GREENBLOTT, J. P.

Petitioners are open shop contractors who have entered into public works contracts with the State. Pursuant to section 220 of the Labor Law, appellant determined, prior to advertisement for bids, the prevailing wages to be paid under the contracts. This controversy arose when, during the pendency of the contracts, the appellant determined that prevailing wage rates had increased; he issued redeterminations...

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