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ASSN. OF PLUMBING v. EGAN

86 A.D.2d 100 (1982)

In the Matter of New York State Association of Plumbing-Heating-Cooling Contractors, Inc., Appellant, v. John C. Egan, as Commissioner of General Services of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 8, 1982

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C. (George F. Carpinello of counsel), for appellant.

Robert Abrams, Attorney-General (Richard J. Dorsey and Shirley Adelson Siegel of counsel), for respondents.

Harder, Silber & Gillen (George W. Harder of counsel), for New York State Electrical Contractors Association, Inc., and others, amici curiae.

MAHONEY, P. J., SWEENEY, KANE and MAIN, JJ., concur.

LEVINE, J.

The central issue presented on this appeal is whether the competitive bidding requirements of section 135 of the State Finance Law may be waived, in connection with two "single-bid" construction contracts for the expansion of State correctional facilities, by means of an executive department determination that at the time the contracts were awarded an emergency was presented by the overcrowded conditions...

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