Opinion
September 15, 1961
Application by respondents, pursuant to section 132 of the Civil Practice Act, to vacate an ex parte stay restraining respondents from advertising for bids, receiving bids and awarding contracts for plumbing work on certain bid openings for certain designated public schools; such stay being contained in an order to show cause in this special proceeding, dated September 13, 1961, returnable September 18, 1961, made by a Justice of the Supreme Court without notice to respondents. Application granted only to the extent of vacating the stay with respect to advertising for bids and with respect to receiving and opening bids. We have examined the petition in the proceeding and are of the opinion that the interest of the public is directly involved and that the ex parte stay should not have been granted as to advertising, receiving and opening bids. All of the issues presented in the application before the Special Term can and should be decided promptly. Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.