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SALLA v. CO. OF MONROE

64 A.D.2d 437 (1978)

David Salla et al., Respondents, v. County of Monroe of the State of New York et al., Appellants, and Louis J. Lefkowitz, as Attorney-General of The State of New York, Intervenor-Appellant

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

November 10, 1978

Attorney(s) appearing for the Case

John D. Doyle, Acting Monroe County Attorney (Christine E. Burke of counsel), for appellants.

Louis J. Lefkowitz, Attorney-General (John Driscoll and Ruth Kessler Toch of counsel), intervenor-appellant pro se.

Harris, Beach, Wilcox, Rubin & Levey (Paul R. Braunsdorf of counsel), for respondents.

Joseph M. Stone for National Utility Contractors' Association, Inc., amicus curiae.

Blitman & King for Rochester, New York Building and Construction Trades Council, AFL-CIO, amicus curiae.

MARSH, P. J., SIMONS and HANCOCK, JR., JJ., concur with MOULE, J.; DILLON, J., dissents and votes to reverse judgment and dismiss complaint in an opinion.

MOULE, J.

The principal question involved on this appeal is whether section 222 of the Labor Law violates the privileges and immunities or commerce clauses of the United States Constitution.

In 1976 the County of Monroe (County) through its Division of Pure Waters (Division) advertised for bids for the construction of a sanitary sewer line within the County. The sewer line project is administered by the...

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