Int'l Union of Painters & Allied Trades v. N.Y. State Dep't of Labor

Full title: INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT COUNCIL NO. 4 BY…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 25, 2016

2016 N.Y. Slip Op. 80826 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00663

07-25-2016

INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, DISTRICT COUNCIL NO. 4 BY ITS SECRETARY-TREASURER, MARK STEVENS, INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES, FINISHING TRADES INSTITUTE OF WESTERN & CENTRAL NEW YORK, BY ITS TRUSTEES MARK STEVENS, GREGORY STONER, ROBERT SINOPOLI, JEFFREY CARROLL, TODD ROTUNNO, MICHAEL DEMS, DANIEL LAFRANCE, DAN JACKSON, DOMINIC ZIRILLI, TIM MCCLUSKEY, JEFF STURTZ, FRANK HOSEK AND MARVIN PAIGE, FORNO ENTERPRISES, INC., TGR ENTERPRISES, INC., HOGAN GLASS, LLC, AJAY GLASS & MIRROR CO., INC., THOMAS A. JERGE, AS A CITIZEN TAXPAYER, PAUL J. LEONE, AS A CITIZEN TAXPAYER, AS AN APPRENTICE ENROLLED IN PAINTERS DISTRICT COUNCIL NO. 4 GLAZIER APPRENTICESHIP PROGRAM, AND RACHEL TERHART, AS A FORMER APPRENTICE ENROLLED IN PAINTERS DISTRICT COUNCIL NO. 4 GLAZIER APPRENTICESHIP PROGRAM, PLAINTIFFS-APPELLANTS, v. NEW YORK STATE DEPARTMENT OF LABOR, MARIO MUSOLINO, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF LABOR AND CHRISTOPHER ALUND, DIRECTOR, BUREAU OF PUBLIC WORKS, A DIVISION OF NEW YORK STATE DEPARTMENT OF LABOR, DEFENDANTS-RESPONDENTS.

WHALEN, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

PRESENT:

Respondents having moved for an extension of time to file and serve a brief on the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 22, 2015,

Now, upon reading and filing the affirmation of Owen Demuth, Esq., dated July 12, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the first ordering paragraph of the order of this Court entered May 31, 2016, is hereby amended by deleting the date July 15, 2016, and inserting in its place the date August 15, 2016, and

It is further ORDERED that the second ordering paragraph of the order of this Court entered May 31, 2016, is hereby amended by deleting the date August 1, 2016, and inserting in its place the date August 30, 2016.

Entered: July 25, 2016

Frances E. Cafarell, Clerk