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  5. 76 N.Y.2d 164 (1990)
 

TAP ELEC. CONTR. v. HARTNETT

76 N.Y.2d 164 (1990)

In the Matter of Tap Electrical Contracting Service, Inc., Appellant-Respondent, v. Thomas F. Hartnett, as Commissioner of Labor of the State of New York, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1990.

Attorney(s) appearing for the Case

Arnold I. Burns, Randy L. Levine, M. David Zurndorfer, Carole O'Blenes and Neil H. Abramson for appellant-respondent.

Robert Abrams, Attorney-General (Jennifer S. Brand, Jane Lauer Barker and M. Patricia Smith of counsel), for respondent-appellant.

Sanford E. Pollack and Edward Quinlan for Local 363 Benefits Funds and Building Industry Fund, amicus curiae.

K. Richard Marcus, Steven I. Levin and Lorraine D'Angelo for The Joint Industry Board of the Electrical Industry, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion; Judge KAYE taking no part.

Per Curiam.

The only argument preserved for our review in these cross-appeals is whether the holding in Matter of Monarch Elec. Contr. Corp. v Roberts (70 N.Y.2d 91) applies to construction projects jointly funded by the State and Federal governments under the Federal-Aid Highway Act (23 USC § 101 et seq. [FAHA]).

In Monarch we reviewed the history and...

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