Legal Opinion
Lantry v. State
New York Court of Appeals
Decided December 15, 2005PublishedCited by 41 opinions
1Opinion of the Court
*52OPINION OF THE COURT
Graffeo, J.
In this CPLR article 78 proceeding, a contractor challenges the methodology used by the Department of Labor to classify work for purposes of determining the appropriate prevailing wage rate to pay workers on public projects, arguing that the Department erred because it did not consider survey evidence of local contractor practices in making a trade classification. We hold that the Department need not conduct such surveys in order to classify work and conclude that the Commissioner’s determination was neither arbitrary nor capricious.
Petitioner Marke Lantry,…
2Cases cited9 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Chesterfield Associates v. New York State Department of LaborNew York Court of Appeals · 2005
- General Electric Co. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 1990
- Kelly v. BeameNew York Court of Appeals · 1965
- Otis Eastern Service, Inc. v. HudacsAppellate Division of the Supreme Court of the State of New York · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Terrace Court, LLC v. Division of Housing & Community RenewalNew York Court of Appeals · 2012
- Ramos v. SIMPLEXGRINNELL LPDistrict Court, E.D. New York · 2011
- D & D Mason Contractors, Inc. v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- R.I., Inc. v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2010
- Nash v. New York State Department of LaborAppellate Division of the Supreme Court of the State of New York · 2006
36 more not listed; retrieve them via the Exa API.