Opinion
February 5, 1993
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.
Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the petition in this CPLR article 78 proceeding that challenged the determination of the Town of Evans to award a contract (Alternates #1, 3A, 4) to Joe Bull Sanitation Services, Inc./Browning-Ferris Industries of New York, Inc. (Joe Bull/BFI) to collect, haul and dispose of the municipal solid waste and to collect, haul and process the recyclables. The Town's determination that Joe Bull/BFI was the lowest responsible bidder was not arbitrary and capricious and did not constitute an abuse of discretion (see, General Municipal Law art 5-A; Matter of Conduit Found. Corp. v Metropolitan Transp. Auth., 66 N.Y.2d 144; Matter of Nole Son v Board of Educ., 129 A.D.2d 873; Matter of Progressive Dietary Consultants v Wyoming County, 90 A.D.2d 214; Le Cesse Bros. Contr. v Town Bd., 62 A.D.2d 28, affd on opn below 46 N.Y.2d 960).