MATTER OF BROWN v. LIU

Nos. 7585, 115251/10.

95 A.D.3d 549 (2012)

943 N.Y.S.2d 110

2012 NY Slip Op 3567

In the Matter of KUBA BROWN, as President of Local 94-94A-94B, International Union of Operating Engineers, AFL-CIO, Appellant, v. JOHN C. LIU, as Comptroller of the City of New York, Respondent.

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

Decided May 8, 2012.


The court correctly determined that the union members, the custodian-helpers, were not entitled to the prevailing wage and benefits protection under Labor Law article 9. Under the "indirect system" of custodial care, the New York City Department of Education (DOE) employs custodian-engineers in accordance with civil service regulations, who in turn may employ custodian-helpers (see generally Matter of Conlin v Aiello, 64 A.D.2d 921

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