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Matter, B. Milligan Cont. v. Oswego Co. Opp. [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
(N.Y. App. Div. Feb. 10, 1999)

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Onondaga County, Tormey, III, J. — CPLR art 78.

PRESENT: DENMAN, P. J., PINE, HAYES, WISNER AND CALLAHAN, JJ.


Judgment unanimously affirmed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the award of a construction contract to a competitor. Supreme Court properly dismissed the petition. Respondent Oswego County Opportunities, Inc. (OCO) solicited bids for construction of its new facility. Petitioner contends that, pursuant to County Law § 408-a (1) and General Municipal Law § 103 (1), OCO was required to award the contract to the lowest responsible bidder. Contrary to petitioner's contention, however, OCO is not an agency of respondent County of Oswego (County) or any other municipality, but is a not-for-profit corporation that contracts with the County. In addition, OCO did not receive municipal funding for the project. Thus, the contract was not one for "public work" ( see, General Municipal Law § 103; Matter of Diamond Asphalt Corp. v. Sander, 92 N.Y.2d 244, 257, rearg denied 92 N.Y.2d 921), and County Law § 408-a (1) does not apply. In any event, because the project was entirely funded by bonds issued by the County Industrial Development Agency, it is exempt from the requirements of public bidding ( see, General Municipal Law § 884). Petitioner's remaining contention is without merit.


Summaries of

Matter, B. Milligan Cont. v. Oswego Co. Opp. [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
(N.Y. App. Div. Feb. 10, 1999)
Case details for

Matter, B. Milligan Cont. v. Oswego Co. Opp. [4th Dept 1999

Case Details

Full title:MATTER OF B. MILLIGAN CONTRACTING, INC., APPELLANT, v. OSWEGO COUNTY…

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

Date published: Feb 10, 1999

Citations

(N.Y. App. Div. Feb. 10, 1999)