Stilsing Elec., Inc. v. Albany County

• Decision Date: 20 October 1983
• Parties: In the Matter of STILSING ELECTRIC, INC., Appellant, v. COUNTY OF ALBANY, State of New York, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 154

469 N.Y.S.2d 154

97 A.D.2d 631

In the Matter of STILSING ELECTRIC, INC., Appellant, v. COUNTY OF ALBANY, State of New York, et al., Respondents.

Supreme Court, Appellate Division Third Department.

Oct. 20, 1983.

Tobin & Dempf, Albany (John W. Clark, Albany, of counsel), for appellant.

Robert Lyman, Albany County Atty., Albany (Michael E. Magguilli, Albany, of counsel), for respondent County of Albany.

Before MAHONEY, P.J., and SWEENEY, MAIN, MIKOLL and YESAWICH, JJ.

MEMORANDUM DECISION.

Appeal from a judgment of the Supreme Court at Special Term, entered March 17, 1982 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of the County of Albany denying its bid for an award of an electrical public works contract.

In December, 1981, petitioner submitted the low bid in response to respondent Albany County's advertisement for an electrical work contract to be performed at 112 State Street in the City of Albany. The contract was to be awarded at the county's February 8, 1982 meeting but, during January, 1982, complaints were made by a county legislator, who was also business agent for a local union, and others that petitioner's apprentice training program did not comply with State requirements. If these allegations were true, petitioner would have been ineligible to perform the electrical work contract under Albany County Resolution No. 163 for 1979, which requires an approved apprentice training program as a prerequisite to the award of any public works contract by respondent county. The county's finance committee, based on these facts, recommended that at the February 8, 1982 meeting, the county award the electrical work contract to the second lowest bidder, respondent Justin Electrical, Inc. (Justin), rather than petitioner. Petitioner then commenced a CPLR article 78 proceeding to enjoin respondent county from awarding the contract to Justin and to have petitioner declared the lowest responsible bidder.

Respondent county, at the February 8 meeting, postponed awarding the contract until its March 8, 1982 meeting to enable petitioner to submit evidence of its compliance with Albany County Resolution No. 163 for 1979. By letter dated February 8, 1982, petitioner submitted materials to verify that its apprentice training program complied with the State regulations, including a copy of a letter dated February 1, 1982 from the State Department of Education which informed the State Department of Labor that an investigation revealed that petitioner's apprentice training program complied with State regulations. Meanwhile, respondent county added an addendum, which changed various specifications, to the contract and, thereafter, rejected all bids opened in December, 1981 and, incorporating the addendum, readvertised for new bids. Petitioner commenced a second CPLR article 78 proceeding to enjoin respondent county from rebidding the contract and further requesting the same relief sought in the earlier initiated proceeding....