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ASPHALT PAVEMENT v. WHITE

141 Misc.2d 28 (1988)

New York State Asphalt Pavement Association, Inc., Petitioner, v. Franklin E. White, as Commissioner of Transportation of the State of New York, et al., Respondents.

Supreme Court, Albany County.

September 9, 1988

Attorney(s) appearing for the Case

Hayes & Hayes for petitioner. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondents.

WILLIAM H. KENIRY, J.

The primary underlying issue in this CPLR article 78 proceeding involves a dispute over the power of the State Commissioner of Transportation and the State Commissioner of the Office of General Services to control the issuance and award of State highway construction and materials contracts through the use of the "lowest responsible bidder" concept as set forth in Highway Law § 38...

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