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Astro Waterproofing & Restoration Corp. v. New York City School Construction Authority

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 553 (N.Y. App. Div. 1996)

Opinion

May 20, 1996

Appeal from the Supreme Court, Queens County (Kitzes, J.).


Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the proceeding. The New York City School Construction Authority (hereinafter SCA) is expressly exempt from the requirements of General Municipal Law § 103 ( see, Public Authorities Law § 1734 [a]). The SCA's policy of awarding contracts in excess of $1,000,000 only to bidders that participate in State-approved apprenticeship programs is authorized by Public Authorities Law § 1734 (3) (a), which requires the SCA to "establish guidelines governing the qualifications of bidders entering into contracts". Acting under its guidelines, it was not arbitrary or capricious for the SCA to refuse to award the contract at issue to the petitioner based upon the determination that two of the petitioner's subcontractors were not participants in State-approved apprenticeship programs at the time of the opening of the bid ( see, Public Authorities Law § 1735; Matter of George F. Kolsch, Inc. v. New York City School Constr. Auth., 211 A.D.2d 680).

We have reviewed the petitioner's remaining contention and find it to be without merit. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Astro Waterproofing & Restoration Corp. v. New York City School Construction Authority

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1996
227 A.D.2d 553 (N.Y. App. Div. 1996)
Case details for

Astro Waterproofing & Restoration Corp. v. New York City School Construction Authority

Case Details

Full title:In the Matter of ASTRO WATERPROOFING RESTORATION CORP., Appellant, v. NEW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 20, 1996

Citations

227 A.D.2d 553 (N.Y. App. Div. 1996)
643 N.Y.S.2d 165

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