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SALLA v. COUNTY OF MONROE

48 N.Y.2d 514 (1979)

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

Court of Appeals of the State of New York.

Decided November 29, 1979.

Attorney(s) appearing for the Case

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

Robert Abrams, Attorney-General (John Q. Driscoll and Jeremiah Jochnowitz of counsel), for intervenor-appellant.

Paul R. Braunsdorf for respondents.

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

Judges JASEN, JONES, WACHTLER and MEYER concur with Judge FUCHSBERG; Judge GABRIELLI dissents and votes to reverse in a separate opinion in which Chief Judge COOKE concurs.

FUCHSBERG, J.

We hold that section 222 of the Labor Law, which mandates preferential employment of New York citizens on public works projects, offends the privileges and immunities clause of section 2 of article IV of the United States Constitution.1

In broad and unqualified terms, section 222 commands that, in the construction of public works, the State, its subdivisions...

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