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MTR. OF LANTRY v. STATE OF NY

6 N.Y.3d 49 (2005)

844 N.E.2d 276

810 N.Y.S.2d 729

In the Matter of MARKE LANTRY, Doing Business as THOROUGH JOB ARCHITECTURAL CONSTRUCTION SYSTEMS, Appellant, v. STATE OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.

Decided December 15, 2005.

Attorney(s) appearing for the Case

Hancock & Estabrook, LLP, Syracuse (Stewart F. Hancock, Jr., Alan J. Pierce and Sonya G. Bonneau of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Benjamin Gutman, Daniel Smirlock, M. Patricia Smith, Patrick Barnett-Mulligan and Pico Paul Ben-Amotz of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and READ concur with Judge GRAFFEO; Judge R.S. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

In this CPLR article 78 proceeding, a contractor challenges the methodology used by the Department of Labor to classify work for purposes of determining the appropriate prevailing wage rate to pay workers on public projects, arguing that the Department erred because it did not consider survey evidence of local contractor practices in making a trade classification. We hold that...

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