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D LAMBERT RAILING v. SUFFOLK

80 A.D.2d 42 (1981)

D. Lambert Railing Company, Inc., Respondent, v. County of Suffolk, Appellant. (Action No. 1.) Royal Guard Fence Co., Inc., Respondent, v. County of Suffolk, Appellant. (Action No. 2.)

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

April 6, 1981

Attorney(s) appearing for the Case

David J. Gilmartin, County Attorney (Anton J. Borovina of counsel), for appellant.

Joseph D. Stim, P. C., for D. Lambert Railing Company, Inc., respondent.

Semon & Braverman (Ronald B. Feingold of counsel), for Royal Guard Fence Co., Inc., respondent.

HOPKINS, J. P., DAMIANI, MANGANO and O'CONNOR, JJ., concur.

Per Curiam.

The main issues on this appeal involve the statutory construction of chapters 944 and 945 of the Laws of 1974 and a determination of whether the appellant, County of Suffolk, properly exercised its discretion thereunder.

Respondent subcontractors seek extra compensation authorized by chapters 944 and 945 of the Laws of 1974, which were enacted by the Legislature upon a finding that the energy crisis...

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