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MTR OF PENFIELD v. ROBERTS

119 Misc.2d 105 (1983)

In the Matter of Penfield Mechanical Contractors, Inc., Petitioner, v. Lillian Roberts, Individually and as Commissioner of Labor, New York State Department of Labor, et al., Respondents.

Supreme Court, Monroe County.

April 28, 1983

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Robb M. Jones of counsel), for petitioner. Robert Abrams, Attorney-General (Eugene Welch of counsel), for Lillian Roberts and others, respondents. Blitman & King (Donald D. Oliver of counsel), for Rochester, New York Building and Construction Trades Council, amicus curiae.

PETER E. CORNING, J.

THE FACTS

The petitioner has brought this action pursuant to CPLR article 78 for a permanent injunction restraining the respondents from enforcing subdivision 3 of section 220 of the Labor Law against the contractors engaged in the construction of the Detection Systems, Inc., facility located in Perinton, New York, and declaring the section inapplicable to the project. An order to show cause and a temporary restraining order...

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