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AUTO WAGERING v. TAX DEPT.

195 A.D.2d 169 (1994)

In the Matter of Automated Wagering International, Inc., Appellant, v. New York State Department of Taxation and Finance et al., Respondents

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

January 27, 1994

Attorney(s) appearing for the Case

Roemer & Featherstonhaugh, P. C., Albany James D. Featherstonhaugh of counsel), and Oppenheimer, Wolff & Donnelly, New York City, for appellant.

G. Oliver Koppell, Attorney-General, Albany (Frank K. Walsh and Peter G. Crary of counsel), for New York State Department of Taxation and Finance and others, respondents.

DeGraff, Foy, Holt-Harris & Mealey, Albany (Carroll J. Mealey and Peter G. Barber of counsel), Williams & Connolly, Washington, D.C. (David Povich, Peter J. Kahn, William R. Murray, Jr., and R. Hackney Wiegmann of counsel), and Cynthia Nebergall, West Greenwich, Rhode Island, for GTECH Corporation, respondent.

MIKOLL, J. P., CREW III, WHITE and CASEY, JJ., concur.

YESAWICH JR., J.

On May 15, 1991, respondent Division of the Lottery (hereinafter the Lottery) issued a request for proposals (hereinafter RFP) inviting vendors to submit bids for a five-year contract to provide an on-line lottery system. Two companies, respondent GTECH Corporation and Control Data Corporation (hereinafter CDC), submitted bids which were to be evaluated, according to the RFP, in two stages....

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