Opinion
February 13, 1981
Appeal from the Erie Supreme Court.
Present — Dillon, P.J., Cardamone, Hancock, Jr., Callahan and Schnepp, JJ.
Judgment unanimously affirmed, with costs. Memorandum: Appellant is an unsuccessful bidder for a contract to supply ambulance services for the County of Erie. In its petition appellant alleged that the bid proposal was manipulated and the procedure used to award the contract violated the competitive bidding requirement of section 103 Gen. Mun. of the General Municipal Law. Appellant has not alleged facts on this record from which such a conclusion may be drawn. Further, a contract for ambulance services is not a contract for "public work" nor is it a "purchase contract" to bring it within the ambit of section 103. Rather, the furnishing of ambulance services is one requiring special skill or training excepting it from the general competitive bidding requirement (Matter of Doyle Alarm Co. v. Reville, 65 A.D.2d 916; Hurd v. Erie County, 34 A.D.2d 289, 293; 34 Opns St Comp, 1978, p 76; 13 Opns St Comp, 1957, p 315; 1972 Atty Gen [Inf Opns] 140; see, generally, Matter of Exley v. Village of Endicott, 51 N.Y.2d 426).