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NY. CHARTER SCHOOL v. SMITH

No. 147.

15 N.Y.3d 403 (2010)

In the Matter of NEW YORK CHARTER SCHOOL ASSOCIATION et al., Respondents, v. M. PATRICIA SMITH, as Commissioner of Labor, Appellant. In the Matter of FOUNDATION FOR A GREATER OPPORTUNITY et al., Respondents, v. M. PATRICIA SMITH, as Commissioner of Labor, et al., Appellants.

Court of Appeals of New York.

Decided October 19, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, Albany ( Zainab A. Chaudhry , Barbara D. Underwood and Andrew D. Bing of counsel), for appellants.

Couch White, LLP, Albany ( James J. Barriere , Michael T. Wallender and Nathan R. Sabourin of counsel), for New York Charter School Association and others, respondents.

Sonnenschein Nath & Rosenthal LLP, New York City ( Richard M. Zuckerman , Peter D. Wolfson and Oscar N. Pinkas of counsel), for Foundation for a Greater Opportunity and others, respondents.

Rivera Driscoll & Carey, LLP, Albany ( Patrick E. Brown , Justin E. Driscoll and Gilbert L. Carey of counsel), for New York State Building & Construction Trades Council, AFL-CIO, amicus curiae.

James R. Sandner , Latham, and Deborah A. Milham for New York State United Teachers, amicus curiae.

Gibson, Dunn & Crutcher LLP, New York City ( Jennifer H. Rearden , Michelle M. Craven and Netra Sreeprakash of counsel), for New York City Charter School Center, amicus curiae.

Judges GRAFFEO, READ, SMITH and JONES concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judge CIPARICK concurs.

OPINION OF THE COURT

PIGOTT, J.

Our State Constitution provides that laborers, workers and mechanics engaged in "any public work" cannot "be paid less than the rate of wages prevailing in the same trade or occupation in the locality within the state where such public work is to be situated, erected or used" (NY Const, art I, § 17). Labor Law § 220 implements this constitutional requirement, providing...

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