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MATTER OF FRAMAN MECH. INC. v. CITY OF NEW YORK

155568/18. Appeal No. 12324. Case No. 2019-5115.

188 A.D.3d 455 (2020)

131 N.Y.S.3d 878

2020 NY Slip Op 06388

In the Matter of Framan Mechanical Inc., Appellant, v. City of New York (Department of Environmental Protection), Respondent.

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

Decided November 10, 2020.

The court correctly rejected petitioner's claim that DEP did not provide it with a meaningful opportunity to oppose the allegations, in the written submissions and at the noticed Opportunity to Be Heard, of default of a construction contract with DEP. The conduct and rulings of the hearing officer at the informal hearing do not support petitioner's claim of bias.

The court correctly found that DEP's determination of default of a construction contract with DEP had...

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