Associated Builders & Contractors, Inc. v. City of Rochester

Upon reargument, judgment modified, on the law, to declare Ordinance 82-450 constitutional and, as modified, affirmed, without costs. Memorandum: Notwithstanding the decision in Matter of Action Elec. Contrs. Co. *698v Goldin (64 NY2d 213), we conclude that Ordinance 82-450 is constitutional and does not conflict with General Municipal Law § 103 (see, Matter of Skyway Roofing v County of Rensselaer, 79 AD2d 1078, lv denied 53 NY2d 606). In Action Elec, (supra, p 218), the court held that the requirement of providing supplemental fringe benefits under Labor Law § 220 (3) could be met when…