BURGIO AND CAMPOFELICE, INC., Plaintiff-Appellee,
v.
NYS DEP'T OF LABOR; Thomas P. Hartnett, Industrial Commissioner of the State of New York; Charles C. Drobner, Director of Bureau of Public Work, New York State Department of Labor and Robert Abrams, Attorney General of the State of New York, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 24, 1996.
Decided March 4, 1997.
Attorney(s) appearing for the Case
Pico Paul Ben-Amotz, Assistant Attorney General of the State of New York, New York City (Dennis C. Vacco, Attorney General of the State of New York, Peter H. Schiff, Deputy Solicitor General, Daniel F. DeVita, Assistant Attorney General in Charge of Labor Bureau, M. Patricia Smith, Assistant Attorney General, of counsel), for Defendants-Appellants.
Guy J. Agostinelli, Buffalo, NY (Zdarsky, Sawicki & Agostinelli, Gerald T. Walsh, of counsel) for Plaintiff-Appellee.
Colleran, O'Hara & Mills, Garden City, NY, (Denis A. Engel, of counsel) for New York State AFL-CIO, Amicus Curiae.
Gary S. Tell, Trial Attorney, U.S. Department of Labor, Washington, DC, J. Davitt McAteer, Acting Solicitor of Labor, Marc I. Machiz, Associate Solicitor, Plan Benefits Security Division, Karen L. Handorf, Counsel for Special Litigation, Plan Benefits Security Division, for Secretary of Labor, Amicus Curiae.
Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, Washington, DC, for Building and Construction Trades Department, AFL-CIO, Amicus Curiae.
Patrick E. Brown, Justin E. Driscoll, II, Plunkett & Jaffe, P.C., Albany, NY, for New York State Building and Construction Trades Council, AFL-CIO, Amicus Curiae.
Blitman & King, LLP, Syracuse, NY (Jennifer A. Clark, of counsel), for Rochester Laborers' Pension, Welfare-S.U.B., Annuity Funds, et al., Amicus Curiae.
Before: LUMBARD, FEINBERG and WALKER, Circuit Judges.
United States Court of Appeals, Second Circuit.
FEINBERG, Circuit Judge:
Defendants New York State officials (collectively defendants or the State), responsible for enforcing the state labor statute under challenge here, appeal from a judgment of the United States District Court for the Western District of New York, John T. Curtin, J., granting the motion of plaintiff-appellee Burgio and Campofelice, Inc. (Burgio) for summary judgment. Burgio and Campofelice, Inc....
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