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MTR. OF FULLILOVE v. CAREY

62 A.D.2d 798 (1978)

In the Matter of H. Earl Fullilove et al., as Trustees of The New York Building and Construction Industry Board of Urban Affairs Fund, Respondents, v. Hugh L. Carey, as Governor and Chief Executive Officer of The State of New York, et al., Appellants

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

July 6, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, George D. Zuckerman, Dominick J. Tuminaro and Arnold D. Fleischer of counsel), for Hugh L. Carey, appellant.

Ann Thacher Anderson (Rosamond Prosterman of counsel), for Office of State Contract Compliance, Division of Human Rights, appellant.

Berman, Paley, Goldstein & Berman (Robert G. Benisch of counsel), for respondents.

GREENBLOTT, MAIN and MIKOLL, JJ., concur with HERLIHY, J.; MAHONEY, P. J., dissents and votes to reverse in a separate opinion.

HERLIHY, J.

On January 4, 1977 appellant, Governor Carey, promulgated Executive Order No. 45. (9 NYCRR 3.45.) That order provided, among other things, that all New York State and State agency contracts shall include language providing for the contractor to undertake affirmative action programs; for the submission by contractors, before a contract is awarded, of an affirmative action program as required by the...

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