CONSULTING ENGRS. v. DOT


164 A.D.2d 574 (1991)

In the Matter of Consulting Engineers Council of New York State, Inc., et al., Appellants, v. New York State Department of Transportation et al., Respondents

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

January 3, 1991


Attorney(s) appearing for the Case

Mackenzie Smith Lewis Michell & Hughes (Dennis P. Hennigan of counsel), for appellants.

Robert Abrams, Attorney-General (Peter H. Schiff of counsel), for respondents.

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


YESAWICH, JR., J.

Petitioners, organizations composed of professional engineers and consulting engineering firms, challenge the professional consultant selection process of respondent Department of Transportation (hereinafter DOT). A feature of this process is the establishment by DOT of maximum overhead and salary guidelines, ostensibly to ensure that the amount paid to consultant firms is fair and reasonable...

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