Opinion
Argued April 22, 1980
Decided May 29, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.
Steven Rubin for appellant.
Robert Abrams, Attorney-General (Richard J. Dorsey and Shirley Adelson Siegel of counsel), for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. From our review of the record, we cannot say that the commissioner was compelled to find that the appellant's low estimate was a result of a failure to consider the need for waterproofing as opposed to a mere lack of skill in projecting costs. In any event, especially in view of the conspicuous absence of direct documentary proof of how the bid was prepared, we conclude that the commissioner's refusal to allow it to be withdrawn was neither arbitrary nor capricious nor affected by an error of law (see Matter of Fisher [Levine], 36 N.Y.2d 146, 150).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.