MATTER OF TOP LUBE, INC. v. ERIE COUNTY DEP'T OF HEALTH


214 A.D.2d 974 (1995)

626 N.Y.S.2d 628

In the Matter of Top Lube, Inc., Doing Business as Winmart, Respondent, v. Erie County Department of Health et al., Appellants, et al., Respondents

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

April 28, 1995


Judgment unanimously reversed on the law without costs and petition dismissed.

Memorandum:

On April 10, 1992, petitioner entered into a Vendor Contract for the Special Supplemental Food Program for Women, Infants and Children (WIC) with respondent Erie County Department of Health (County) that was renewed on April 10, 1993. On January 31, 1994, respondent Michael Erckert, WIC investigator for the County, advised petitioner by letter that the County had elected...

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