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BRUKHMAN v. GIULIANI

94 N.Y.2d 387 (2000)

727 N.E.2d 116

705 N.Y.S.2d 558

BORIS BRUKHMAN et al., on Behalf of Themselves and All Others Similarly Situated, et al., Appellants, v. RUDOLPH GIULIANI, as Mayor of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 22, 2000.

Attorney(s) appearing for the Case

Welfare Law Center, Inc., New York City (Marc Cohan of counsel), National Employment Law Project, Inc. (James M. Williams and Catherine K. Ruckelshaus of counsel), Legal Aid Society (Helaine M. Barnett, Scott A. Rosenberg and Richard Blum of counsel), and Davis Polk & Wardwell (James W. B. Benkard of counsel), for appellants.

Michael D. Hess, Corporation Counsel of New York City (Alan G. Krams and Kristin M. Helmers of counsel), for Rudolph Giuliani and another, respondents.

Eliot Spitzer, Attorney General, New York City (Vincent Leong, Preeta D. Bansal, Robert A. Forte and Michael S. Belohlavek of counsel), for Brian J. Wing, respondent.

Richard J. Ferreri, Mary J. O'Connell, New York City, John C. Dempsey, Larry P. Weinberg, Robert D. Lenhard, Washington D.C., Colleran, O'Hara & Mills, Garden City (Richard L. O'Hara and Edward J. Groarke of counsel), and Carol R. Golubock, Washington D.C., for New York State AFL-CIO and others, amici curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

This case presents the question whether the prevailing wage provision of the New York State Constitution (art I, § 17) applies to public assistance beneficiaries who are statutorily required to participate in a Work Experience Program (Program) as a condition of continued receipt of monetary grants.

The Social Services Law in effect at the commencement of this suit (§ 336-c) directed the computation of...

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