Favreau v. Catherwood

The petitioner, Orville Favreau, has instituted an article 78 proceeding in which he seeks to set aside a determination of the respondent, the Industrial Commissioner of the State of New York.

Petitioner is an electrician and is employed by the Department of Correction. He has a graded position in the noncompetitive class of civil service. Petitioner filed a prevailing wage claim pursuant to section 220 of the Labor Law with the respondent. Thereafter, respondent held a hearing in which it was admitted that the petitioner was a graded employee in the noncompetitive class of civil service.…