New York Court of Appeals

In the Matter of Marke Lantry, Doing Business as Thorough Job Architectural Construction Systems v. State of New York

December 15, 20056 N.Y.3d 49

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the Department of Labor may classify work for prevailing wage purposes without conducting locality surveys and that the Commissioner’s classification of preglazed window installation as ironwork was not arbitrary or capricious. The Court reasoned that the Labor Law does not mandate a prevailing‑practice test and that the Department’s reliance on the nature of the work and collective bargaining agreements is permissible. Justice Smith dissented, arguing that the Department must consider actual contractor practices. The decision was affirmed with costs.