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LANCASTER DEVELOPMENT, INC. v. McDONALD

516540

112 A.D.3d 1260 (2013)

978 N.Y.S.2d 398

2013 NY Slip Op 8572

LANCASTER DEVELOPMENT, INC., et al., Appellants, v. JOAN McDONALD, as Commissioner of Transportation, et al., Respondents.

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

Decided December 26, 2013.

Egan Jr., J.

Appeal from an amended judgment of the Supreme Court (Zwack, J.), entered January 17, 2013 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondents' motion to dismiss the petition/complaint.

In 2011, respondent Department of Transportation (hereinafter DOT) solicited bids to reconstruct Exit 122 of State Route 17 in the Town...

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