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EMPIRE BLDRS INC. v. SMITH

CA 11-01813.

98 A.D.3d 335 (2012)

949 N.Y.S.2d 549

2012 NY Slip Op 5456

EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., et al., Appellants, v. M. PATRICIA SMITH, in Her Official Capacity as Commissioner, New York State Department of Labor, et al., Respondents.

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

July 6, 2012.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Timothy W. Hoover of counsel), for plaintiffs/appellants.

Eric T. Schneiderman , Attorney General, Albany ( Allyson B. Levine of counsel), for defendants/respondents.

FAHEY and CARNI, JJ., concur with SCONIERS, J.; PERADOTTO, J., and CENTRA, J.P., dissent in a separate opinion by PERADOTTO, J.

OPINION OF THE COURT

SCONIERS, J.

For the past 100 years, certain publicly-funded construction projects in this State having a cost that exceeds a specific monetary threshold (qualifying projects) have been subject to legislation generally known as the "Wicks Law." The Wicks Law is comprised of a collection of statutes found, inter alia, in the General Municipal Law, the State Finance Law, the Public Authorities Law, the Public Housing Law and the Education...

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