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SKYWAY ROOFING v. RENSSELAER

103 Misc.2d 750 (1980)

In the Matter of Skyway Roofing of Troy, Inc., Petitioner, v. County of Rensselaer et al., Respondents.

Supreme Court, Special Term, Rensselaer County.

April 14, 1980.

Attorney(s) appearing for the Case

Couch & Howard (Joel M. Howard, III, of counsel), for petitioner. Marvin I. Honig, County Attorney, for County of Rensselaer and another, respondents. Englert, Reilly & McHugh (Vincent J. Reilly, Jr., of counsel), for Bast Hatfield, Inc., respondent.

EDWARD S. CONWAY, J.

This is a CPLR article 78 proceeding in which petitioner seeks judgment declaring: (1) that the award of bid No. 79-61 parapet and roof work on the Rensselaer County Jail building is void in that said award was arbitrary, capricious and unlawful; and (2) that the respondent Edward J. Martone failed to perform a duty enjoined upon him by law in failing to award said contract to the lowest responsible bidder.

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