HERNANDEZ v. STATE OF NY

526866.

173 A.D.3d 105 (2019)

99 N.Y.S.3d 795

2019 NY Slip Op 04065

CRISPIN HERNANDEZ et al., Appellants, v. STATE OF NEW YORK et al., Appellants, and NEW YORK FARM BUREAU, INC., Respondent.

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

Decided May 23, 2019.


Attorney(s) appearing for the Case

New York Civil Liberties Union Foundation, New York City ( Erin Beth Harrist , of counsel), for Crispin Hernandez and others, appellants.

Letitia James , Attorney General, Albany ( Joseph M. Spadola , of counsel), for State of New York and another, appellants.

Bond Schoeneck & King PLLC, Syracuse ( Brian J. Butler , of counsel), for respondent.

Centro de los Derechos del Migrante, Inc., Baltimore, Maryland ( Naomi B. Campbell , of counsel), for Advocates for Basic Legal Equality, Inc. and others, amici curiae.

Powers and Santola, LLP, Albany ( Michael J. Hutter , of counsel) and Jonathan Wood , Arlington, Virginia, admitted pro hac vice, for Pacific Legal Foundation, amicus curiae.

Ordered that the order is reversed, on the law, with costs to plaintiffs, motion denied, and it is declared that the exclusion of "individuals employed as farm laborers" from the definition of the term "employees" set forth in Labor Law § 701 (3) (a) is unconstitutional.


OPINION OF THE COURT

Appeal from an order of the Supreme Court (McNally Jr., J.), entered January 17, 2018 in Albany County, which granted a motion by defendant New York Farm Bureau, Inc. to dismiss the complaint against it.

In 1937, through the enactment of the State Labor Relations Act—later renamed the New York...

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