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TRANSACTIVE CORP. v. DSS

92 N.Y.2d 579 (1998)

706 N.E.2d 1180

684 N.Y.S.2d 156

In the Matter of Transactive Corporation, Appellant, v. New York State Department of Social Services et al., Respondents. (Proceeding No. 1.) In the Matter of Check Cashers Association of New York, Inc., et al., Appellants, v. New York State Department of Social Services et al., Respondents. (Proceeding No. 2.) (And Another Related Proceeding.)

Court of Appeals of the State of New York.

Decided December 3, 1998.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P. C., Albany (David J. Wukitsch of counsel), for appellant in the first above-entitled proceeding.

Bond Schoeneck & King, L. L. P., Albany (Hermes Fernandez of counsel), and Winne, Banta, Rizzi, Hetherington & Basralian, P. C., New York City (Gerald Goldman of counsel), for appellants in the second above-entitled proceeding.

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus, Barbara G. Billet and Peter H. Schiff of counsel), for New York State Department of Social Services and another, respondents in the first and second above-entitled proceedings.

Crane, Greene & Parente, Albany (David M. Cherubin and James B. Crane, II of counsel), for Citicorp Services, Inc., respondent in the first and second above-entitled proceedings.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

Following a competitive bidding process, the New York State Department of Social Services (DSS) awarded a contract to respondent Citicorp Services, Inc. to create and implement a new system for the distribution of public assistance benefits including food stamps, Aid to Families with Dependent Children (AFDC) payments and Supplemental Security Income (SSI) benefits. Through this new service —...

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