Order unanimously reversed on the law and facts, with costs, and motion denied.
Memorandum:
In this article 78 proceeding brought to set aside the award of a construction project contract to respondent Albert Elia Building Company, Inc., the petition alleges that prior to September 29, 1969 one Fred Sebastian was a member of the Niagara Falls Urban Renewal Agency and also an employee of Elia; that pursuant to earlier advertisements for bids, on August 28 the...
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