MATTER OF DON v. Joseph

*710Order affirmed, with costs. The classification of petitioners by the municipal civil service commission in Part 38 of the competitive class in a salary grade “ at the prevailing rate of wages * * * as determined by law ” entitled them to prevailing wages in this proceeding under section 220 of the Labor Law. (Matter of Golden v. Joseph, 307 N. Y. 62, 68.)

Concur: Conway, Ch. J., Desmond, Dye and Fuld, JJ. Van Vooehis, J., dissents in the following opinion. Taking no part: Feoessel and Burke, J J.