MTR ERIE COUNTY v. ROBERTS


94 A.D.2d 532 (1983)

In the Matter of Erie County Industrial Development Agency et al., Respondents, v. Lillian Roberts, Individually and as Commissioner of Labor, Appellant, and Building & Construction Trades Council of Buffalo, New York & Vicinity, AFL-CIO, Intervenor-Respondent-Appellant

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

July 11, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Peter B. Sullivan of counsel), for appellant.

Magavern, Magavern, Lowe, Beilewech, Dopkins & Fadale (James L. Magavern, Susan C. Goldberg, Marianne E. Hanley and Francis W. Gruene of counsel), for Erie County Industrial Development Agency, respondent.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Frank S. Kedzielawa and Richard Lipsitz of counsel), for intervenor-respondent-appellant.

Bryant, O'Dell & Basso (Robert H. Basso of counsel), for Empire State Chapter of Associated Builders and Contractors, Inc., amicus curiae.

Colleran, O'Hara, Kennedy & Mills, P. C. (Richard L. O'Hara, Robert A. Kennedy and Victoria Quesada of counsel), for New York State Building & Construction Trades Council, amicus curiae.

HANCOCK, JR., J. P., CALLAHAN, BOOMER and GREEN, JJ., concur.


SCHNEPP, J.

In this CPLR article 78 proceeding, which also seeks declaratory relief, we are asked to determine whether the prevailing wage requirement of section 220 of the Labor Law is applicable to private construction projects which are financed by industrial development agencies through the issuance of tax exempt industrial development revenue bonds. Special Term rejected the determination of the Commissioner...

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