Preview:

Lancaster Dev., Inc. v McDonald 2011 NY Slip Op 33402(U) December 23, 2011 Supreme Court, Albany County Docket Number: 5133-11 Judge: Joseph C. Teresi Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

[* 1]

STATE OF NEW YORK SUPREME COURT LANCASTER DEVELOPMENT, INe. and MARK A. GALASSO, Plaintiffs- Peti tioners, -againstJOAN McDONALD, as Commissioner for the New York State Department of Transportation, and NEW YORK STATE DEPARTMENT OF TRANSPORTATION and A. SERVIDONE, INC. / B. ANTHONY CONSTRUCTION CORP., JV, Defendants-Respondents .

COUNTY OF ALBANY

DECISION and ORDER INDEX NO. 5133-11 RJI NO. Ol-11-ST2868

LANCASTER DEVELOPMENT, INe. and MARK A. GALASSO, Plaintiffs- Petitioners, -againstINDEX NO. 6573-11 RJI NO. Ol-11-ST3075

JOAN McDONALD, as Commissioner for the New York State Department of Transportation, NEW YORK STATE DEPARTMENT OF TRANSPORTATION and A. SERVIDONE, INC. / B. ANTHONY CONSTRUCTION CORP., JV; THOMAS P. DiNAPOLI, as State Comptroller, STATE OF NEW YORK, OFFICE OF STATE COMPTROLLER, BUREAU OF CONTRACTS and CHARLOTTE BREEYEAR, as Director of Contracts, Office of the State Comptroller, Bureau of Contracts, Defendants-Respondents. Supreme Court Albany County All Purpose Term, December 5,2011 Assigned to Justice Joseph C. Teresi

-1-

[* 2]

APPEARANCES: Couch White, LLP Michael Wall ender, Esq. Attorneys for Plaintiffs-Petitioners 540 Broadway PO Box 22222 Albany, New York 12201 Eric T. Schneiderman, Esq. Attorney General of the State of New York Attorneys for the Defendants-Respondents Joan McDonald, New York State Department of Transportation, Thomas Dinapoli, State of New York, Office of the State Comptroller, Bureau of Contracts Michael McCartin, Esq. AAG The Capitol Albany, New York 12224 Edward A. Stein, Esq. Attorneys for the Defendants-Respondents Construction Corp., JV 169 South Main Street #355 New City, New York 10956 TERESI, J.: Plaintiffs-Petitioners (hereinafter "Petitioners") commenced these two combined
1

A. Servidone, Inc. / B. Anthony

declaratory judgment actions / Article 78 proceedings challenging the Department of Transportation's (hereinafter "DOT") inclusion of a project labor agreement (hereinafter "PLA") into its contract for the reconstruction and bridge replacement on NYS Route 17 at Exit 122 in the Town of Wallkill, Orange County (hereinafter "project"). All Defendants-Respondents (hereinafter "Respondents") answered. However, prior to the return date of each

have consented to and requested consolidation. 1 All parties to both actions/proceedings In light of such consent and because both actions/proceedings involve common questions of fact and law, in an exercise of discretion, both actions/proceedings are hereby consolidated pursuant to CPLR

Download 2011_33402.pdf

New York Law