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SCHULTZ CONSTR. v. ROSS

76 A.D.2d 151 (1980)

In the Matter of Schultz Construction, Inc., Appellant, v. Philip Ross, as Industrial Commissioner of The State of New York, Respondent. (Proceeding No. 1.) In the Matter of A. L. Blades & Sons, Inc., et al., Respondents, v. Philip Ross, as Industrial Commissioner of The State of New York, Appellant. (Proceeding No. 2.)

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

July 24, 1980

Attorney(s) appearing for the Case

Tate, Tate, Miller & Ruthman (Victoria Graffeo of counsel), for Schultz Construction, Inc., appellant in Proceeding No. 1.

Robert Abrams, Attorney-General (John Q. Driscoll, Shirley Adelson Siegel and William J. Kogan of counsel), for Philip Ross, appellant in Proceeding No. 2 and respondent in Proceeding No. 1.

Bryant, O'Dell & Basso (Robert F. Silkey of counsel), for A. L. Blades & Sons and others, respondents in Proceeding No. 2.

GREENBLOTT, J. P., SWEENEY, MAIN and MIKOLL, JJ., concur.

HERLIHY, J.

The petitioners in these proceedings entered into contracts with municipalities or public corporations prior to August 18, 1978, wherein the contracts provided that an existing schedule of wages was applicable. Those contract provisions were inserted to carry out the mandate of section 17 of article I of the New York State Constitution that "[n]o laborer, workman or mechanic, in the employ of a contractor...

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