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L&M BUS v. NYC DEPT. EDUC.

104001/08, 1001

71 A.D.3d 127 (2009)

892 N.Y.S.2d 60

In the Matter of L&M BUS CORP. et al., Respondents-Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants-Respondents, and LOCAL 1181 OF THE AMALGAMATED TRANSIT UNION, Intervenor-Appellant.

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

Decided December 22, 2009.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Dona B. Morris , Francis F. Caputo , Andrew Gelfand , Michael Adler , and Eric P. Jewell , of counsel), for appellants-respondents.

Meyer, Suozzi, English & Klein, P.C., New York City ( Richard A. Brook , Richard N. Gilberg , Robert Marinovic , and Melissa S. Woods , of counsel), for appellant.

Wasserman Grubin & Rogers, LLP, New York City ( John F. Grubin , and James Joyce , of counsel), for respondents-appellants.

GONZALEZ, P.J., ANDRIAS and SAXE, JJ., concur.

OPINION OF THE COURT

TOM, J.

At issue on this appeal is the propriety of a request for bids (RFB) issued by respondent New York City Department of Education (DOE). The RFB invites bids for providing transportation between home and school to handicapped children participating in pre-K and early intervention (EI) programs.* Bids are required to be submitted "on a per rider per day basis...

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