Attachment 31 Fullilove v Carey 48 NY2d 826
Case MDL No. 3011 Document 25-31 Filed 06/24/21 Page 1 of 3 Fullilove v. Carey, 91 Misc.2d 531 (1977) 398 N.Y.S.2d 226, 17 Empl. Prac. Dec. P 8431 KeyCite Red Flag - Severe Negative Treatment Judgment Reversed by Fullilove v. Carey, N.Y.A.D. 3 Dept., July 6, 1978 91 Misc.2d 531 Supreme Court, Albany County, New York. In the Matter of H. Earl FULLILOVE, Fred Munder, Jeremiah Burns, Joseph Clarke, Peter J. Brennan, Thomas Clarkson, Conrad Olsen, Joseph DeVitta, as Trustees of the New York Building and Construction Industry Board of Urban Affairs Fund, B. Roy Ertell, as President of the Building Industry Employers of New York State, Peter J. Brennan, as President of the New York State Building and Construction Trades Council, AFL-CIO, Arthur T. Gaffney as President of the Building Trades Employers' Association of the City of New York, Peter J. Brennan, as President of the Building and Construction Trades Council of Greater New York, AFL-CIO, Petitioners, for an Order and Judgment under CPLR Article No. 78 v. Hugh L. CAREY, Governor and Chief Executive Officer of the State of New York, and the Office of State Contract Compliance, Division of Human Rights, Respondents. Aug. 26, 1977. Synopsis Organizations of building contractors and labor unions involved in construction industry sought a declaratory judgment challenging the constitutionality of an Executive Order requiring contractors to undertake affirmative action programs to insure equal employment opportunities. The Supreme Court, Albany County, Roger J. Miner, J., held that order constituted an unwarranted exercise of legislative power. Summary judgment for petitioners. West Headnotes (1) [1] Constitutional Law Encroachment on Legislature States Exercise of Supreme Executive Authority Executive Order requiring contractors to undertake programs of affirmative action to insure equal employment opportunity was unconstitutional as unwarranted exercise of legislative power. Executive Law §§ 290, 296, subds. 1(a, c), 1–a, 12; Civil Rights Law §§ 40–c, 43; Labor Law §§ 220–e, 815, subd. 5. Attorneys and Law Firms *532 **227 Berman, Paley, Goldstein & Berman, New York City, for petitioners. Louis J. Lefkowitz, Atty. Gen., New York City, for respondent Carey. Beverly Gross, New York City, for defendant State Division of Human Rights. © 2021 Thomson Reuters. No claim to original U.S. Government Works. 1
