Opinion
6289 Index 152127/14
04-17-2018
Robert RODRIGUEZ, Plaintiff–Appellant, v. P.S. 065 MOTHER HALE ACADEMY, et al., Defendants–Respondents.
Pillsbury Winthrop Shaw Pittman LLP, New York (Stephen R. Weingold of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Noah M. Kazis of counsel), for respondents.
Pillsbury Winthrop Shaw Pittman LLP, New York (Stephen R. Weingold of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Noah M. Kazis of counsel), for respondents.
Sweeny, J.P., Renwick, Mazzarelli, Kahn, Gesmer, JJ.
Order, Supreme Court, New York County (Debra A. James, J.), entered February 23, 2017, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff's alleged agreement to provide a theater arts afterschool program at P.S. 065 lacked the requisite written justification for awarding a contract using a procurement method other than competitive sealed bidding (see Department of Education Procurement Policy and Procedures § 3–01[d]; Education Law § 2590–h[36][a][vii] ; Casa Wales Hous. Dev. Fund Corp. v. City of New York, 129 A.D.3d 451, 11 N.Y.S.3d 31 [1st Dept. 2015], lv denied 26 N.Y.3d 917, 2016 WL 530891 [2016] ). Plaintiff's claim that the alleged agreement was ratified fails for the same reason (see Seif v. City of Long Beach, 286 N.Y. 382, 387, 36 N.E.2d 630 [1941] ). Plaintiff submitted no evidence suggesting that further discovery would lead to facts essential to justify his opposition to defendants' motion (see CPLR 3212[f] ; RXR WWP Owner LLC v. WWP Sponsor, LLC, 145 A.D.3d 494, 495, 43 N.Y.S.3d 298 [1st Dept. 2016] ).