Opinion
CA 05-01119.
December 22, 2005.
APPEAL from a judgment (denominated order and judgment) of the Supreme Court, Onondaga County (James W. McCarthy, A.J.), entered July 23, 2004 in a declaratory judgment action. The judgment, among other things, declared that plaintiff had no obligation to pay prevailing wages to its employees under Labor Law article 9, except to the extent that the property being serviced was a "public building" as defined in Labor Law § 2.
Eliot Spitzer, Attorney General, New York City ( Seth Kupferberg of counsel), for appellant.
Edward A. O'Hara, III, Syracuse, for respondent.
Before: SCUDDER, J.P., MARTOCHE, LAWTON and HAYES, JJ., concur.
OPINION OF THE COURT
Same opinion by PINE, J., as in Feher Rubbish Removal, Inc. v. New York State Dept. of Labor, Bur. of Pub. Works ( 28 AD3d 1).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the first decretal paragraph and amending the declaration to provide as follows:
"It is ADJUDGED AND DECLARED that, pursuant to Labor Law § 231 (1), plaintiff is obligated to pay the prevailing wage to its employees who collect garbage or refuse from public or private buildings under its contracts with the Village of Manlius and the Town of Clay."
and as modified the judgment is affirmed without costs.