Miele v. Joseph

Petitioners are letterers and sign painters employed by the City of New York. In consolidated proceedings in pursuance of article 78 of the Civil Practice Act, they here seek to review determinations of the city comptroller holding they are not entitled to the benefit of a statutory direction *409that the wages of workmen on ‘ ‘ public work ’ ’ shall be not less than the “ prevailing rate of wages ” for the “ same trade or occupation ” in the locality. This statutory direction is found in subdivision 3 of section 220 of the Labor Law.

The work in question involves the painting or lettering of…