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PALLETTE STONE v. STATE OF NY

168 Misc.2d 869 (1996)

645 N.Y.S.2d 389

Pallette Stone Corporation, Petitioner, v. State of New York Office of General Services et al., Respondents.

Supreme Court, Albany County.

June 7, 1996

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel), for petitioner. Dennis C. Vacco, Attorney-General, Albany (Mary Ellen Clerkin of counsel), for State of New York Office of General Services and another, respondents. Paul B. Dusek, Lake George, for Warren County, respondent. Devorsetz, Stinziano, Gilberti, Heintz & Smith, P. C., Syracuse (Frank A. Bersani, Jr., of counsel), for Peckham Materials Corp., respondent.

HAROLD J. HUGHES, J.

The issue presented for determination is whether the Office of General Services can permit one of the contractors receiving a multiple-award contract to voluntarily reduce the price of the commodity it is making available to the State after the bids are opened. During 1995, the procurement provisions of the State Finance Law were changed so as to allow the use of multiple-award contracts...

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