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ELLICOTT GROUP, LLC. v. OFF OF GEN SERVS

CA 10-02269.

85 A.D.3d 48 (2011)

922 N.Y.S.2d 894

2011 NY Slip Op 3447

ELLICOTT GROUP, LLC, Respondent, v. STATE OF NEW YORK EXECUTIVE DEPARTMENT OFFICE OF GENERAL SERVICES, Appellant.

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

Decided April 29, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Victor Paladino of counsel), for defendant-appellant.

Harter Secrest & Emery LLP, Buffalo ( Kenneth W. Africano of counsel), for plaintiff-respondent.

SCUDDER, P.J., CARNI, SCONIERS and GREEN, JJ., concur.

OPINION OF THE COURT

CENTRA, J.

At issue in this appeal is whether defendant, State of New York Executive Department Office of General Services (OGS), had the authority to include a provision in a lease agreement requiring plaintiff to pay prevailing wages to certain workers regardless of whether the statutory requirements of the prevailing wage law applied. We conclude that OGS did not have that authority because the exercise of its executive power unlawfully...

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