Subcontractors Trade Ass'n v. Koch
New York Court of Appeals
POINTS OF COUNSEL I. Executive Order No. 53 and the implementing regulations promulgated by the Bureau of Labor Services are in all respects legal. This court should accordingly direct that a judgment be entered so declaring.
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POINTS OF COUNSEL I. Executive Order No. 53 and the implementing regulations promulgated by the Bureau of Labor Services are in all respects legal. This court should accordingly direct that a judgment be entered so declaring. CMatter of Broidrick v Lindsay, 39 NY2d 641; Matter of Fullilove v Beame, 48 NY2d 376; Matter of CUNY-Hostos Community Coll, v State Human Rights Appeal Bd., 59 NY2d 69; Youngstown Co. v Sawyer, 343 US 579; Matter of Lorie C., 49 NY2d 161; Board of Educ. v Nyquist, 57 NY2d 27; Harris v McRae, 448 US 297; Dandridge v Williams, 397 US 471; Matter of Quinton A., 49 NY2d…
1Opinion of the Court
OPINION OP THE COURT
Jasen, J.
The principal question before us is whether the Mayor of the City of New York, by Executive Order, may lawfully mandate that a 10% share of all construction contracts awarded by the city be given to “locally based enterprises”.
Defendants place heavy emphasis on the socioeconomic circumstances which purportedly gave rise to the issuance of the order. However, the issue presented for our determination is not what prompted the Mayor to issue the order or whether the order seeks to accomplish a desirable objective, but whether the Mayor was legally empowered to issue…
2Cases cited14 opinions
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
- Nicholas v. KahnNew York Court of Appeals · 1979
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3Cited by46 opinions
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
- New York State Chapter, Inc. v. New York State Thruway AuthorityNew York Court of Appeals · 1996
- Rudder v. PatakiNew York Court of Appeals · 1999
- Citizens for an Orderly Energy Policy, Inc. v. CuomoNew York Court of Appeals · 1991
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