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PYRAMID CO. v. LABOR DEPT.

223 A.D.2d 285 (1996)

645 N.Y.S.2d 633

In the Matter of Pyramid Company of Onondaga, Petitioner, v. New York State Department of Labor et al., Respondents

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

July 25, 1996

Attorney(s) appearing for the Case

Shanley, Sweeney, Reilly & Allen, P. C., Albany (J. Michael Naughton of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, New York City (William H. Sherman of counsel), for respondents.

MIKOLL, CREW III, YESAWICH JR. and SPAIN, JJ., concur.

CARDONA, P. J.

Petitioner challenges the determination by respondent Commissioner of Labor that portions of a frontage road project (hereinafter the project) constructed on publicly owned land in the City of Syracuse, Onondaga County, are subject to the State's mandatory prevailing wage rate statute for workers employed on the project (see, Labor Law § 220). The essential facts are undisputed. In...

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