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MATTER OF EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC. v. BOARD OF EDUCATION OF CITY OF BUFFALO

269 A.D.2d 801 (2000)

703 N.Y.S.2d 418

In the Matter of EMPIRE STATE CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., et al., Appellants, v. BOARD OF EDUCATION OF CITY OF BUFFALO, Respondent, and BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO, NEW YORK AND VICINITY, AFL-CIO, by its President, DANIEL M. BOODY, Intervenor-Respondent-Respondent.

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

Decided February 16, 2000.

Judgment unanimously affirmed without costs.

Memorandum:

Respondent Board of Education of City of Buffalo (Board), in soliciting bids for phase two of the construction of Northwest Academy, required the successful bidders to comply with a project labor agreement (PLA). After the Board issued the specifications including a PLA, petitioners commenced this CPLR article 78 proceeding seeking to set aside the bids and compel the Board to readvertise for bids with...

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