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LOCAL 175 UNITED v. THOMPSON

113618/2009.

28 Misc.3d 283 (2010)

899 N.Y.S.2d 542

In the Matter of LOCAL 175, UNITED PLANT AND PRODUCTION WORKERS, IUJAT, Petitioner, v. WILLIAM C. THOMPSON, JR., as Comptroller of the City of New York, et al., Respondents.

Supreme Court, New York County.

Decided March 24, 2010.

Attorney(s) appearing for the Case

Gorlick, Kravitz & Listhaus, P.C., New York City ( Barbara S. Mehlsack of counsel), for Sheet Asphalt Workers Local 1018 of the Pavers and Road Builders District Council, respondent.

Michael A. Cardozo , Corporation Counsel, New York City ( Mario G. Frangiose of counsel), for William C. Thompson, Jr., respondent. Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York City ( Alan M. Pollack and John D. D'Ercole of counsel), for petitioner.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

In this CPLR article 78 petition, a labor union contests the determination of the Comptroller of the City of New York with respect to the 2009-2010 prevailing wage schedules for asphalt raker, tamper, and screenperson, micropaver, i.e., those who perform asphalt work. The Comptroller cross-moves to dismiss the petition.

Background

Article I, § 17 of the New York State Constitution declares...

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