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  5. 66 N.Y.2d 667 (1985)
 

MATTER OF LEWIS TREE SERV., INC. v. FIRE DEP'T OF THE CITY OF NEW YORK

66 N.Y.2d 667 (1985)

In the Matter of Lewis Tree Service, Inc., Appellant, v. Fire Department of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided October 10, 1985.

Attorney(s) appearing for the Case

Richard N. Chapman and Brian P. O'Connor for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Dana Robbins and Larry Sonnenshein of counsel), for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by converting this proceeding into a declaratory judgment action, and declaring that petitioner is not debarred from bidding on State or municipal contracts.

Petitioner, Lewis Tree Service, Inc., brought this article 78 proceeding seeking to annul a determination of the New York City Fire Department awarding a contract for the trimming...

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