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BLDG. CONTRS. v. ROBERTS

118 A.D.2d 173 (1986)

In the Matter of General Building Contractors of New York State, Inc., et al., Appellants, v. Lillian Roberts, as Industrial Commissioner of the Department of Labor of The State of New York, Respondent. (Proceeding No. 1.) In the Matter of Hull Corporation et al., Appellants, v. Lillian Roberts, as Industrial Commissioner of the Department of Labor of The State of New York, Respondent. (Proceeding No. 2.)

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

July 3, 1986

Attorney(s) appearing for the Case

Bryant, O'Dell & Basso (Robert F. Silkey of counsel), for appellants.

Robert Abrams, Attorney-General (Richard S. Corenthal of counsel), for respondent.

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

MAHONEY, P. J., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

LEVINE, J.

Petitioners in these proceedings are contractors who are engaged in the performance of current public works contracts in this State and two associations of contractors whose members similarly hold such existing contracts. Each individual contractor is bound under the provisions of Labor Law § 220 (3) (as amended by L 1983, ch 447) to pay to their employees on a project covered by the contract...

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