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MATTER OF AAA CARTING v. TOWN

No. 111.

17 N.Y.3d 136 (2011)

2011 NY Slip Op 4765

951 N.E.2d 57

927 N.Y.S.2d 618

In the Matter of AAA CARTING AND RUBBISH REMOVAL, INC., Appellant, v. TOWN OF SOUTHEAST et al., Respondents, and SANI-PRO DISPOSAL SERVICES CORP., Doing Business as SUBURBAN CARTING, Respondent.

Court of Appeals of New York.

Decided June 9, 2011.

Attorney(s) appearing for the Case

Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York City ( John D. D'Ercole , Nicholas R. Caputo and Daniel J. Kelman of counsel), for appellant.

Law Office of Joseph P. DePaola, Brewster ( Joseph P. DePaola of counsel), for Town of Southeast and others, respondents.

Tashjian & Padian, New York City ( Gerald Padian of counsel), and Curtiss & Liebell, P.C., Carmel ( Timothy J. Curtiss of counsel), for Sani-Pro Disposal Services Corp., respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

CIPARICK, J.

In this CPLR article 78 proceeding to annul a determination of a town board, the question presented is whether the town board acted arbitrarily and capriciously and in violation of law in awarding a public bidding contract to other than the lowest responsible bidder. We conclude that General Municipal Law § 103 and Town Law § 122 preclude a town, in an open bidding...

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