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MATTER OF ELITE CONTRACTORS, INC. v. OFFICE OF REGIONAL & ECONOMIC DEVELOPMENT OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY

50 A.D.3d 507 (2008)

856 N.Y.S.2d 85

In the Matter of ELITE CONTRACTORS, INC., Petitioner, v. OFFICE OF REGIONAL & ECONOMIC DEVELOPMENT OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent.

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

Decided April 24, 2008.

Petitioner, Elite Contractors, Inc., an Ohio corporation authorized to do business and with a principal place of business in New York and engaged in the business of bridge painting, is 82% owned by two sisters, with two brothers having minority shares. Despite this majority ownership, respondent's determination that petitioner is not a WBE was not arbitrary and capricious, and was supported by substantial evidence (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights...

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