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MATTER OF HOPEWELL VOLUNTEER FIRE DEPT., INC. v. GARDNER

Motion No. M-4886, DC No. 23.

101 A.D.3d 1652 (2012)

956 N.Y.S.2d 741

2012 NY Slip Op 8925

In the Matter of HOPEWELL VOLUNTEER FIRE DEPARTMENT, INC., et al., Respondents, v. COLLEEN C. GARDNER, in Her official Capacity as New York State Commissioner of Labor, Appellant.

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

December 21, 2012.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied, respondent is granted summary judgment and the petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, determinations that the prevailing wage provisions of Labor Law § 220 were not applicable to the construction of an addition to a firehouse...

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