International Union of Painters & Allied Trades, District Council No. 4 ex rel. Stevens v. New York State Department of Labor

Whalen, RJ.

(dissenting). I respectfully dissent. Contrary to the majority, I conclude that defendants’ interpretation of Labor Law § 220 (3-e) is supported by the language of the statute and its underlying purpose, and I would therefore affirm the order and judgment granting defendants’ motion seeking, inter alia, a declaratory judgment in their favor and denying plaintiffs’ cross motion for summary judgment.

“Labor Law § 220 implements the constitutional mandate that contractors engaged in public projects pay their workers *1547wages and supplements which 'shall not be less than the prevailing…