Sagamore Auto Body, Inc. v. Nassau County

• Decision Date: 01 October 1984
• Citation: 104 A.D.2d 818,480 N.Y.S.2d 143
• Parties: In the Matter of SAGAMORE AUTO BODY, INC., et al., Appellants v. COUNTY OF NASSAU of the State of New York, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 143

480 N.Y.S.2d 143

104 A.D.2d 818

In the Matter of SAGAMORE AUTO BODY, INC., et al., Appellants v. COUNTY OF NASSAU of the State of New York, et al., Respondents.

Supreme Court, Appellate Division Second Department.

Oct. 1, 1984.

DeMaio & Meglio, New York City (John J. Meglio, New York City, of counsel), for appellants.

Robert Abrams, Atty. Gen., New York City (Melvyn R. Leventhal, Richard G. Liskov and Aven Rennie, Asst. Attys. Gen., New York City, of counsel), for respondent Passidomo.

Edward G. McCabe, County Atty., Mineola (Robert O. Boyhan, Deputy County Atty., Mineola, of counsel), for respondent County of Nassau.

Before MOLLEN, P.J., and WEINSTEIN, RUBIN and BOYERS, JJ.

MEMORANDUM BY THE COURT.

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents to clarify the formal sealed bid specifications for the title "County Impound Garage" Bid No. B 98-11033-428, petitioners appeal from a judgment of the Supreme Court, Nassau County, entered December 13, 1983, which granted respondents' motions to dismiss the petition.

Judgment modified, on the law, by (1) reinstating the petition as against respondent County of Nassau; (2) converting that part of the petition which sought to compel respondent County of Nassau to clarify the formal sealed bid specifications for the title "County Impound Garage", Bid No. B 98-11033-428, into an action for a declaratory judgment that said bid specifications are ambiguous; (3) declaring that the bid specifications set forth in Bid Proposal No. B 98-11033-428, for "County Impound Garage", are ambiguous; and (4) enjoining respondent County of Nassau from awarding any contracts based upon bids submitted pursuant to Bid Proposal No. B 98-11033-428 for "County Impound Garage". As so modified, judgment affirmed, without costs or disbursements.

Respondent County of Nassau, based upon a formal bid proposal announcement, awards contracts to certain business entities to act as county garages. Such garages are responsible for the towing and storing of vehicles impounded by the Nassau County Police Department (NCPD), until authorized by the NCPD to release the vehicles. The procedure initially followed by the county garages permitted them to dispose of any unclaimed impounded vehicles upon receipt of a "release" from the NCPD. However, at some point, the Department of Motor Vehicles declared that the "release" from the NCPD was insufficient to permit transfer of title to an unclaimed impounded vehicle.

In July of 1983, the respondent county adopted Local Law No. 5 to eliminate the problem of disposing of unclaimed impounded vehicles, which law reads, in pertinent part, as follows:

"When a vehicle is impounded by the police department * * * and the owner of said vehicle fails to claim the vehicle within fourteen days of notification to the owner by the Police Department * * * that said vehicle has been released for police purposes, said vehicle shall be deemed abandoned pursuant to the provisions of section 1224 of the Vehicle and Traffic Law governing abandoned vehicles."

Thereafter, the respondent county, by announcement dated October 20, 1983, issued a request for formal sealed bids for the title of "County Impound Garage" Bid No. B 98-11033-428. The announcement provided, as part of the bid specifications, in relevant part, as follows:

"The following information may be useful in describing the duties of a County Impound Garage Contractor * * *

"5. When a vehicle is impounded by the Police Department pursuant to its duties under the provisions of this code, and the owner of said vehicle fails to claim the vehicle within fourteen days of notification to the owner by the Police Department by registered mail that said vehicle has been released for police purposes, said vehicle shall be deemed abandoned pursuant to the provisions of section 1224 of the Vehicle and Traffic Law governing abandoned vehicles. (Local Law # 5-1983)

"All fees regarding Impounded Vehicles that are deemed abandoned pursuant to Local Law # 5-1983 are not the responsibility of the County." (Emphasis supplied.)

Petitioners, all business entities who were qualified to submit bids, commenced the instant CPLR article 78 proceeding, inter alia, to compel respondents to "clarify the procedure in regard to the collection of fees for towing and storage of unclaimed impounded vehicles by County Garages". In their petition, petitioners essentially argued that the bid specification language set forth herein, supra, is ambiguous in that it does not state how and by whom the county garages are to be paid for their towing and storage services for unclaimed impounded vehicles and that, without clarification, they were unable to submit competitive bids for the county garage contracts. Respondents thereafter moved to dismiss the petition, which motions were granted by Special Term.

We find that Special Term erred in granting the respondent county's motion to dismiss the petition as to it.

Initially we note that the form of the instant proceeding does not warrant dismissal of the petition. Since this court has jurisdiction over the parties and the petition's allegations are sufficient to support a cause of action for a declaratory judgment, we treat so much of the instant proceeding as sought clarification of the bid specifications as one for a declaratory judgment (see CPLR 103, subd. Matter of O'Henry's Film Works v. Bureau of Ferry & Gen. Aviation Operations, 111 Misc.2d 464, 444 N.Y.S.2d 509; cf.Matter of Lakeland Water Dist. v. Onondaga County Water Auth., 24 N.Y.2d 400, 407-408, 301 N.Y.S.2d 1, 248 N.E.2d 855; Matter of Lemp v. Town Bd. of Town of Islip, 90 Misc.2d 360, 363, 394 N.Y.S.2d 517). Moreover, since "this...