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ILC DATA v. COUNTY OF SUFFOLK

182 A.D.2d 293 (1992)

ILC Data Device Corp. et al., Respondents, v. County of Suffolk, Appellant

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

September 14, 1992

Attorney(s) appearing for the Case

E. Thomas Boyle, County Attorney, Hauppauge (Harriet A. Gilliam of counsel), for appellant.

Meltzer, Lippe, Goldstein & Wolf, P. C., Mineola (Gary N. Sazer and Brian S. Conneely of counsel), for respondents.

David A. Mintz, Gabrielle Semel and Alan M. Compagnon, New York (Amy Young on the brief), for Communications Workers of America, AFL-CIO, amicus curiae.

LAWRENCE, EIBER and PIZZUTO, JJ., concur.

SULLIVAN, J. P.

The chief issue presented on this appeal is whether Local Laws, 1988, No. 21 of the County of Suffolk, which governs certain aspects of video display terminal (hereinafter VDT) equipment usage among employers doing business within the County, is inconsistent with or preempted by any New York State or Federal law. We conclude that it is preempted by the New York State Labor Law and therefore is...

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