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MATTER OF L&M BUS CORP. v. NEW YORK CITY DEPARTMENT OF EDUCATION

4710N, 104001/08.

83 A.D.3d 432 (2011)

920 N.Y.S.2d 331

In the Matter of L&M BUS CORP. et al., Respondents, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants. LOCAL 1181-1061, AMALGAMATED TRANSIT UNION, AFL-CIO, Intervenor-Appellant.

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

Decided April 5, 2011.

Petitioners brought this CPLR article 78 proceeding to challenge, inter alia, two bid specifications in the request for bids to transport "Pre-K and Early Intervention Program Participants" issued by respondent Department of Education (DOE). The two specifications are: (1) that the vendor hire, and assume all the prior payroll costs of, transportation workers named on two "Master Seniority Lists" of workers employed under previous transportation contracts with DOE (Employee...

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