Opinion
November 12, 1992
Appeal from the Supreme Court, Schenectady County (Doran, J.).
Petitioner's failure to allege the timely filing of a notice of claim requires dismissal of the petition (see, Education Law § 3813; Stoetzel v Wappingers Cent. School Dist., 166 A.D.2d 643; Matter of Grey v Board of Educ., 60 A.D.2d 361, lv denied 44 N.Y.2d 645). Were we to address the merits, we would agree with Supreme Court's finding that the determination of respondent Board of Education of the City School District of the City of Schenectady that respondent Facilities Equipment Company was the lowest responsible bidder was rational. The record reveals a rational basis for the Board's conclusion that differences between the bid specifications and the bid by Facilities Equipment Company were not material or substantial (see, Matter of Wilson Omnibus Corp. v Fallsburg Cent. School Dist., 167 A.D.2d 803, 804; Matter of Willets Point Contr. Corp. v Town Bd. of Town of Oyster Bay, 141 A.D.2d 735, 736, lv denied 72 N.Y.2d 810). Given the evidentiary material presented by the Board, we would also find that Supreme Court did not err in dismissing the petition without a hearing (see, Matter of Kernan Lib. Off. Group v Office of Gen. Servs., 124 A.D.2d 425, 426).
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.