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IN THE MATTER OF FOUNDATION FOR A GREATER OPPORTUNITY v. SMITH

20 Misc.3d 453 (2008)

860 N.Y.S.2d 734

In the Matter of FOUNDATION FOR A GREATER OPPORTUNITY et al., Petitioners, v. M. PATRICIA SMITH, as Commissioner of Labor of the State of New York, et al., Respondents.

Supreme Court, Albany County.

May 23, 2008.

Attorney(s) appearing for the Case

Sonnenschein Nath & Rosenthal LLP, New York City (Richard M. Zuckerman of counsel), for petitioners.

Andrew M. Cuomo, Attorney General, New York City (Juno Turner of counsel), for respondents.

OPINION OF THE COURT

MICHAEL C. LYNCH, J.

This proceeding arises from correspondence dated August 31, 2007, written in response to a request for an "Opinion Regarding Charter Schools," wherein a representative of the respondent New York State Department of Labor opined that the "prevailing wage rates apply to those situations where a charter school constructs, alters, repairs, or maintains school facilities." The basis for the August 31 letter opinion was...

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