Schultz Construction, Inc. v. Ross

OPINION OF THE COURT

Aaron E. Klein, J.

Petitioner proceeds by CPLR article 78 for a judgment annulling respondent’s redeterminations of prevailing wage rates and supplements, and restraining and enjoining the respondent from enforcing said redeterminations, and/or caus*1044ing any earned contract funds to be withheld by reason of the redeterminations.

Petitioner has entered into two contracts, the first executed in May of 1972 with the Oneida County Sewer District, and the second with the West Frankfort Industrial Park executed in June of 1977. It appears the petitioner is an open-shop contractor,…