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L&M BUS CORP. v. NYC. DEPT. EDUC.

No. 110

17 N.Y.3d 149 (2011)

2011 NY Slip Op 5114

950 N.E.2d 915

927 N.Y.S.2d 311

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

Court of Appeals of New York.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Dona B. Morris , Francis F. Caputo , Nancy F. Brodie and Michael Adler of counsel), for appellants.

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

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

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

This appeal asks us to decide whether certain specifications in the bid solicitation of the New York City Department of Education (DOE) for a school transportation contract comport with the public bidding laws. We conclude that the "Employee Protection Provisions" (EPPs) contained in the solicitation are subject to heightened scrutiny, and hold that DOE has not proven...

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