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MATTER OF TULLY CONSTR. CO., INC. v. HEVESI

214 A.D.2d 465 (1995)

625 N.Y.S.2d 531

In the Matter of Tully Construction Co., Inc., Respondent-Appellant, v. Alan G. Hevesi, as Comptroller of The City of New York, et al., Appellants-Respondents

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

April 25, 1995

We find that the IAS Court erred in granting the article 78 petition, where, as here, the record reveals that the determination of the Mayor not to require registration of the subject contract, based upon the objections of the Comptroller, had a rational basis (Matter of Pell v Board of Educ., 34 N.Y.2d 222).

The evidence considered by the Comptroller and the Mayor, including the petitioner's connection, based upon the sworn...

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