Brown v. Liu

OPINION OF THE COURT

Michael D. Stallman, J.

Respondent, Comptroller of the City of New York, cross-moves to dismiss this CPLR article 78 proceeding for failure to state a cause of action.

In this article 78 proceeding in the nature of mandamus, petitioner, president of Local 94, the collective bargaining representative for New York City public school custodial workers, seeks to compel respondent Comptroller to conduct an investigation under Labor Law § 230 et seq. of prevailing wage complaints filed on behalf of certain unionized custodial workers (custodian-helpers). Petitioner requests that…