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ELIA BLDG v. COUNTY OF MONROE

88 Misc.2d 334 (1976)

Albert Elia Building Co., Inc., Petitioner, v. County of Monroe et al., Respondents.

Supreme Court, Monroe County.

October 8, 1976

Attorney(s) appearing for the Case

Salzman, Salzman, Lipson & Buzard (A. Vincent Buzard of counsel), for petitioner. William J. Stevens, County Attorney (John D. Doyle of counsel), for County of Monroe, respondent. Harris, Beach & Wilcox (J. William Ernstrom of counsel), for Robert F. Hyland and Sons, Inc., and others, respondents.

JAMES H. BOOMER, J.

Petitioner brings this CPLR article 78 proceeding to review the act of the Monroe County Legislature in awarding the general contract for the construction of the "Resource Recovery Facility" to the respondent Hyland and Sons, Inc. Petitioner claims that Hyland, by refusing to extend its bid beyond the 45-day period, had in effect withdrawn its bid and for that reason the award to Hyland...

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