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BOODY v. GIAMBRA

192 Misc.2d 128 (2002)

744 N.Y.S.2d 803

DANIEL BOODY, as President of and on Behalf of BUFFALO BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO, N.Y. AND VICINITY, AFL-CIO, on Behalf of Its Affiliated Craft Unions, Petitioner, and MARK J.F. SCHROEDER, Individually and as County Legislator of the Second District of Erie County, Intervenor-Petitioner, v. JOEL A. GIAMBRA, as County Executive of the County of Erie, et al., Respondents.

Supreme Court, Erie County.

March 27, 2002.

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, LLP, Buffalo (Eugene Salisbury of counsel), and Richard D. Furlong, Cheektowaga, for petitioner.

Frederick A. Wolf, County Attorney, Buffalo (Andrew Isenberg of counsel), and Bradley J. Stamm, Williamsville, for respondents.

William D. Murphy, Buffalo, for intervenor-petitioner.

OPINION OF THE COURT

JOSEPH R. GLOWNIA, J.

This is a proceeding brought pursuant to article 78 of the Civil Practice Law and Rules seeking a review of the actions of the respondents, Erie County Executive Joel A. Giambra and Erie County Commissioner of Public Works Maria Lehman, to request, receive and open bids on Capital Project No. 410-164, Phase Two. Respondents have prepared and solicited one set of bid specifications that does not include a previously...

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