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MATTER OF DON v. JOSEPH

286 A.D. 236 (1955)

In the Matter of Stephen Don et al., Petitioners, v. Lazarus Joseph, as Comptroller of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 14, 1955.

Attorney(s) appearing for the Case

Bernard A. Abrashkin of counsel (Abrashkin & Krieger, attorneys), for petitioners.

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondent.

PECK, P. J., BREITEL and BASTOW, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents in opinion in which COHN, J., concurs.

Per Curiam.

The petitioners seek to review a determination of the comptroller of the City of New York which, after a hearing, dismissed prevailing wage complaints made under section 220 of the Labor Law. The petitioners are employed by the city in the title of "Carriage Upholsterer." At the hearing an attempt was made to prove that the employees did work which was in the nature of construction, maintenance, or repair...

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