FEHER RUBBISH v. LABOR DEPT.


28 A.D.3d 1 (2005)

807 N.Y.S.2d 494

FEHER RUBBISH REMOVAL, INC., Respondent, v. NEW YORK STATE DEPARTMENT OF LABOR, BUREAU OF PUBLIC WORKS, Appellant.

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

December 22, 2005.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Seth Kupferberg of counsel), for appellant.

Ali, Pappas & Cox, P.C., Syracuse (C. Andrew Pappas of counsel), for respondent.

SCUDDER, J.P., MARTOCHE, LAWTON and HAYES, JJ., concur.


OPINION OF THE COURT

PINE, J.

In each of these appeals defendant, the New York State Department of Labor, Bureau of Public Works (DOL), appeals from judgments wherein Supreme Court purported to annul the DOL's "determination[s]" that prevailing wages must be paid by Feher Rubbish Removal, Inc. and Syracuse Haulers Waste Removal, Inc. (collectively, plaintiffs) "for refuse collection under contracts with municipalities...

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