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IN THE MATTER OF OMNI RECYCLING OF WESTBURY, INC. v. TOWN OF OYSTER BAY

11 N.Y.3d 868 (2008)

In the Matter of OMNI RECYCLING OF WESTBURY, INC., Respondent, v. TOWN OF OYSTER BAY et al., Appellants.

Court of Appeals of the State of New York.

Decided December 16, 2008.

Attorney(s) appearing for the Case

Giaimo Associates, LLP, Kew Gardens (Joseph O. Giaimo of counsel), for Giove Company, Inc., appellant.

Gregory J. Giammalvo, Town Attorney, Oyster Bay (Frank M. Scalera of counsel), for Town of Oyster Bay and another, appellants.

Anthony E. Core, P.C., Westbury (Anthony E. Core and Jacqueline Caputo of counsel), for respondent.

Michael E. Kenneally, Jr., Albany, for Association of Towns of the State of New York, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition denied in the entirety.

It has long been recognized that public work contracts that require the exercise of specialized or technical skills, expertise or knowledge are not subject to the sealed, competitive bidding requirements under General Municipal Law § 103* (see...

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