MATTER OF NEW YORK STATE ASS'N OF PLUMBING-HEATING-COOLING CONTRACTORS, INC. v. EGAN


65 N.Y.2d 793 (1985)

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.

Court of Appeals of the State of New York.

Decided June 28, 1985.


Attorney(s) appearing for the Case

George F. Carpinello for appellant.

Robert Abrams, Attorney-General (Richard J. Dorsey, Robert Hermann and Peter H. Schiff of counsel), for John C. Egan, as Commissioner of General Services of the State of New York and others, respondents.

Joseph F. Legnard for Dominick Dan Alonzo, Inc., respondent.

LaVerne F. O'Dell for Roger P. Kennedy General Contractor, Inc., respondent.

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


MEMORANDUM.

The order of the Appellate Division should be modified, with costs, to convert the action to one for relief under State Finance Law article 7-A and for declaratory relief, and to remit to Special Term for trial as to the article 7-A relief demanded and, as so modified, affirmed.

The Appellate Division having on the prior appeal declined to convert the article 78 proceeding to an action for declaratory...

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