MATTER OF SCHIAVONE/SHEA/FRONTIER-KEMPER v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION


274 A.D.2d 586 (2000)

712 N.Y.S.2d 393

In the Matter of SCHIAVONE/SHEA/FRONTIER-KEMPER, Respondent, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Appellants.

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

Decided July 31, 2000.


Ordered that the judgment is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.

The petitioner challenges a determination of the respondent New York City Department of Environmental Protection to reject all bids on certain public contracts. The petitioner commenced this proceeding without exhausting the administrative remedies available to it under the Procurement Policy Board Rules (see, 9 RCNY former 4-04 [a]).

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