MATTER OF ALCA INDUS., INC. v. DELANEY


248 A.D.2d 765 (1998)

669 N.Y.S.2d 725

In the Matter of Alca Industries, Inc., Respondent, v. Peter W. Delaney, as Commissioner of The New York State Office of General Services, Appellant

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

March 5, 1998


Peters, J.

At issue is whether respondent's procedures concerning the refunding of bid bonds should have been the subject of formal rule-making procedure in accordance with the State Administrative Procedure Act. In 1996, after responding to a published advertisement for bids in connection with a proposed project for the Department of Transportation, petitioner was informed that it was the lowest bidder. When it recognized that it had erred in the computation...

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