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DEFOE CORP v. DEPT OF TRANSP

87 N.Y.2d 754 (1996)

665 N.E.2d 158

642 N.Y.S.2d 588

In the Matter of DeFoe Corp. and American Bridge Company, a Joint Venture, Appellant, v. New York City Department of Transportation et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1996.

Attorney(s) appearing for the Case

Vincent A. DeIorio, Purchase, Michael J. Amoruso and Joel Martin Aurnou, White Plains, for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Kathleen Alberton, Lawrence S. Kahn and Larry A. Sonnenshein of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.

SMITH, J.

In this CPLR article 78 proceeding challenging a determination to deny registration of a contract with a municipal agency, the issues are (1) whether the New York City Comptroller's objection to the registration of the subject contract was timely and (2) whether the refusal of the Comptroller and the Mayor to register the contract was arbitrary and capricious.

On December 1, 1992, after public...

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