Opinion
November 7, 1984
Appeal from the Supreme Court, Cattaraugus County, Crowley, J.
Present — Hancock, Jr., J.P., Doerr, Boomer, Green and Moule, JJ.
Judgment unanimously affirmed, without costs. Memorandum: It was proper to dismiss this CPLR article 78 proceeding brought by petitioner, the low bidder, seeking a judgment annulling the respondent town's award of a contract for the purchase of a dump truck to respondent Buffalo Truck Sales Service, Inc. There was a rational basis for the decision to reject petitioner's bid on the ground of failure to conform to the specifications (see Le Cesse Bros. Contr. v Town Bd., 62 A.D.2d 28, 31, aff'd. 46 N.Y.2d 960; Matter of Rockland Haulage v Village of Upper Nyack, 13 A.D.2d 819), and thus the administrative determination should not be disturbed (see Matter of Atlantic Tug Equip. Co. v Town of Tonawanda, 45 A.D.2d 916; Matter of Warren Bros. Co. v Craner, 30 A.D.2d 437, 440). Special Term's refusal to grant a hearing to petitioner was not, on this record, an abuse of discretion (see Matter of Atlantic Tug Equip. Co. v Town of Tonawanda, supra). We have considered the other arguments raised on appeal and find them to be without merit. We note that petitioner does not, as Special Term suggested, have a cause of action for damages (see Matter of Allen v Eberling, 24 A.D.2d 594; Matter of Carroll-Ratner Corp. v City Manager of New Rochelle, 54 Misc.2d 625, aff'd. 36 A.D.2d 795).