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MATTER OF WILLETS POINT CONTRACTING CORP. v. TOWN BD. OF THE TOWN OF OYSTER BAY

141 A.D.2d 735 (1988)

In the Matter of Willets Point Contracting Corp. et al., Appellants, v. Town Board of the Town of Oyster Bay et al., Respondents. Waste Transfer Systems of New York, Inc., Intervenor-Respondent

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

June 20, 1988

Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of cost to the respondents and the intervenor-respondent appearing separately and filing separate briefs.

A town may waive a bid's technical noncompliance with the bid specifications if the defect is a mere irregularity and it is in the best interests of the town to do so (see, Le Cesse Bros. Contr. v Town Bd., 62 A.D.2d 28,

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