Empire State Chapter of Associated Builders & Contractors, Inc. v. Smith

Peradotto, J. (dissenting).

We respectfully dissent because, in our view, the three-tiered classification established by the 2008 amendments to the Wicks Law is arbitrary and not reasonably related to the State purpose underlying the law or the amendments. We would therefore reinstate the complaint and *349declare that the three-tiered classification is unconstitutional under the home rule provisions of the New York State Constitution (see NY Const, art IX, § 2 [b]).

This appeal concerns the validity of the 2008 amendments to a series of statutes collectively referred to as the “Wicks Law” (see…