Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the petition of Diamond "D" Construction Corp. (Diamond) seeking to require the County of Erie (County) to reject as non-responsive the bid of Frontier Asphalt, Inc. (Frontier). A municipality may decline bids that fail to comply with the literal requirements of the bid specifications or it may waive technical non-compliance "if the defect is a mere irregularity and it...
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