Legal Opinion · Dissent

Flannery v. Joseph

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 1949Published

1DissentVan Voorhis, J.

This is a proceeding pursuant to article 78 of the Civil Practice Act to review a determination of the city comptroller fixing the prevailing rate of wages for maintenance men employed by the city.

Pursuant to section 220 of the Labor Law, the petitioners filed complaints with the comptroller demanding that they be paid the prevailing rate of wage to which they were entitled. As required by law, the comptroller made a survey and investigation which resulted in a determination fixing petitioners ’ hourly wage rate for the year 1942, at seventy-two cents. The rate for each of the subsequent…

2Cases cited4 opinions

  1. Matter of Byrnes v. WindelsNew York Court of Appeals · 1934
  2. Bressler v. Bd. of Higher Education of City of N.Y.New York Court of Appeals · 1948
  3. Matter of Watson v. McGoldrickNew York Court of Appeals · 1941
  4. Matter of Hoof v. McGoldrickNew York Court of Appeals · 1946

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