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MATTER OF NEW YORK CHARTER SCHOOL ASSOCIATION v. SMITH

61 A.D.3d 1091 (2009)

875 N.Y.S.2d 643

In the Matter of NEW YORK CHARTER SCHOOL ASSOCIATION et al., Appellants, v. M. PATRICIA SMITH, as Commissioner of Labor, Respondent. (Proceeding No. 1.) In the Matter of FOUNDATION FOR A GREATER OPPORTUNITY et al., Appellants, v. M. PATRICIA SMITH, as Commissioner of Labor, et al., Respondents. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 2, 2009.

MALONE Jr., J.

In June 2000, respondent Department of Labor (hereinafter DOL) issued an opinion letter determining that contracts for the construction, renovation, repair and maintenance of charter schools were not subject to the prevailing wage provisions of Labor Law article 8. In August 2007, however, it issued an opinion letter completely changing its position and determining that Labor Law article 8 was, in fact, applicable to such contracts. Shortly thereafter...

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