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MATTER OF MARINACCIO, SR. v. BOARDMAN

303 A.D.2d 896 (2003)

755 N.Y.S.2d 346

In the Matter of PAUL MARINACCIO, SR., et al., Respondents, v. JOSEPH H. BOARDMAN, as Commissioner of Transportation, et al., Appellants.

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

Decided March 13, 2003.

Lahtinen, J.

In August 2001, the Department of Transportation (hereinafter DOT) terminated the work of a construction company on an unfinished project on Military Road in Niagara County. Kemper Surety, which had issued a performance bond on the contract, proposed petitioner Midway Enterprises, Inc. to complete the project. Because of prior serious problems with one of Midway's principals, petitioner Paul Marinaccio, Sr., DOT conditioned its acceptance of Midway on...

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