SCHIAVONE CONSTR. v. LAROCCA


117 A.D.2d 440 (1986)

In the Matter of Schiavone Construction Company, Inc., Appellant, v. James L. Larocca, as Commissioner of The New York State Department of Transportation, et al., Respondents, and Karl Koch Erecting Company, Inc., Intervenor-Respondent. (Proceeding No. 1.) In the Matter of Schiavone Construction Company, Inc., and North Star Contracting Company, a Joint Venture, Appellants, v. Frank White, as Commissioner of The New York State Department of Transportation, et al., Respondents, and Morrison-Knudsen Company et al., a Joint Venture, Intervenors-Respondents. (Proceeding No. 2.)

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

June 5, 1986


Attorney(s) appearing for the Case

Buckley, Treacy, Schaffel, Mackey & Abbate (George F. Mackey of counsel, for appellant in proceeding No. 1, and Eugene Schaffel of counsel, for appellant in proceeding No. 2).

Robert Abrams, Attorney-General (Richard J. Dorsey of counsel), for respondent.

Fisher & Fisher (Andrew S. Fisher of counsel), for Morrison-Knudsen Company and another, intervenors-respondents.

KANE, J. P., CASEY, MIKOLL and LEVINE, JJ., concur.


Per Curiam.

On this appeal, we are asked to determine whether the decisions not to award petitioners a contract on the ground that they are not "responsible bidders", primarily because of a pending criminal indictment against petitioner Schiavone Construction Company, Inc. (Schiavone), violated procedural due process or were otherwise infected by errors of law. In April 1985,...

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