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ACTION ELEC. CONTRS. CO. v. GOLDIN

64 N.Y.2d 213 (1984)

In the Matter of Action Electrical Contractors Co., Inc., Appellant, v. Harrison J. Goldin, as Comptroller of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1984.

Attorney(s) appearing for the Case

Alan M. Pollack, Irving Lampert and Andrew T. Heller for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Rosemarie Maldonado, Leonard Koerner, Judith A. Levitt and Caryn Hirshleifer of counsel), for Harrison J. Goldin, respondent.

Charles E. Williams, III, for New York City Housing Authority, respondent, precluded.

Sanford E. Pollack and Stuart M. Kirschenbaum for Trustees, Local 363, I.B.T. Pension, Annuity and Welfare Funds, amicus curiae.

Nicholas R. Canizio for Local 363, International Brotherhood of Teamsters, amicus curiae.

Robert H. Basso for Empire State Chapter of the Associated Builders and Contractors, Inc., amicus curiae.

Richard L. O'Hara and Leonard M. Ridini, Jr., for New York State, AFL-CIO, amicus curiae.

Steven I. Levin for the Joint Industry Board of the Electrical Industry, amicus curiae.

Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Chief Judge COOKE.

This appeal is concerned with a contractor's obligation to provide "supplements," or fringe benefits, to employees engaged in public works projects. Under subdivision 3 of section 220 of the Labor Law, supplemental fringe benefits must be provided to such employees "in accordance with the prevailing practices in the same trade or occupation in the locality within the state" where the public...

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