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GEN BLDG CONTRS v. EDUC DEPT

175 Misc.2d 922 (1997)

670 N.Y.S.2d 697

In the Matter of General Building Contractors of New York State, Inc., et al., Petitioners, v. New York State Education Department et al., Respondents.

Supreme Court, Albany County.

December 30, 1997

Attorney(s) appearing for the Case

Couch, White, Brenner, Howard & Feigenbaum, L. L. P., Albany (Joel M. Howard, III, of counsel), for petitioners. Dennis C. Vacco, Attorney-General, Albany (Mary Ellen Clerkin of counsel), for respondents. Kriss, Kriss & Brignola, L. L. P., Albany (Dominick J. Brignola of counsel), for New York State Society of Professional Engineers, amicus curiae.

ANTHONY T. KANE, J.

In this CPLR article 78 proceeding, petitioners General Building Contractors of New York State, Inc. (GBC) and New York State Steel Fabricators Association, Inc. (SFA) seek an order invalidating Rule 29.3 (b) (Rule) (8 NYCRR) of the Rules of the Board of Regents, relating to the delegation of professional design work. Petitioners claim that said Rule violates the letter and intent of the...

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