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CALLANAN INDUS. v. WHITE

118 A.D.2d 167 (1986)

In the Matter of Callanan Industries, Inc., Respondent, v. Franklin E. White, as Commissioner of Transportation of The State of New York, Appellant

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

July 10, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lawrence S. Kahn of counsel), for appellant.

Hayes & Hayes (Harry R. Hayes of counsel), for respondent.

DeGraff, Foy, Conway, Holt-Harris & Mealey (Michael J. Cunningham of counsel), for Associated General Contractors of America, New York State Chapter, Inc., amicus curiae.

Shearman & Sterling for Lawyers' Committee for Civil Rights Under Law and others, amici curiae.

MAIN, CASEY, WEISS and YESAWICH, JR., JJ., concur.

MAHONEY, P. J.

Petitioner is a corporation in the business of highway construction. More than 75% of its work is directly related to highway projects of the Department of Transportation. The Department has promulgated detailed procedures dealing with the suspension or debarment of contractors found not to be responsible (referred to as MAP 7.1-7-4). MAP 7.1-7-4 provides that a contractor's failure to honor the...

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