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MTR OF M.G.M. INC. v. GARDNER

No. 4.

20 N.Y.3d 469 (2013)

985 N.E.2d 911

962 N.Y.S.2d 600

2013 NY Slip Op 1017

In the Matter of M.G.M. INSULATION, INC., et al., Appellants, v. COLLEEN C. GARDNER, as Commissioner of Labor, Respondent.

Court of Appeals of New York.

Decided February 19, 2013.

Attorney(s) appearing for the Case

Gates & Adams, P.C., Rochester ( Anthony J. Adams, Jr. , of counsel), for appellants.

Eric T. Schneiderman , Attorney General, Albany ( Zainab A. Chaudhry , Barbara D. Underwood and Andrew D. Bing of counsel), for respondent.

Couch White, LLP, Albany ( Joel M. Howard, III , of counsel), for Associated General Contractors of New York State, LLC, amicus curiae.

Couch White, LLP, Albany ( Joel M. Howard, III , of counsel), for Empire State Chapter of the Associated Builders and Contractors, Inc., amicus curiae.

Hurwitz Law, P.C., Rochester ( Jayme Hurwitz of counsel), for Firemen's Association of the State of New York, amicus curiae.

McMahon, Kublick & Smith, P.C., Syracuse ( Jan S. Kublick of counsel), for New York State Council of the National Electrical Contractors Association Chapters, amicus curiae.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents and votes to affirm in an opinion; Judge RIVERA taking no part.

OPINION OF THE COURT

PIGOTT, J.

In this CPLR article 78 proceeding, we are asked to determine whether the prevailing wage requirement of Labor Law § 220 is applicable to a construction contract entered into by the Bath Volunteer Fire Department (BVFD). We hold that because no public agency, as contemplated by the statute, is a party to the contract, the prevailing wage law does not apply.

The...

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