Bellavista Construction Corp. v. Village of Spring Valley

Appellate Division of the Supreme Court of New York

Bellavista Construction Corp. v. Village of Spring Valley

284 A.D.2d 394, 726 N.Y.S.2d 271, 2001 N.Y. App. Div. LEXIS 6064

Appellate Division of the Supreme Court of the State of New York·Decided June 11, 2001·Published·Cited by 1 cases

Opinion

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Village of Spring Valley awarding a contract to the respondent Vitiello Construction, Inc., the petitioner appeals from stated portions of a judgment of the Supreme Court, Rockland County (Nelson, J.), dated March 29, 2000, which, inter alia, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the petitioner’s contention, the Supreme Court correctly determined that respondent Village of Spring Valley had a rational basis for refusing to waive the petitioner’s noncompliance with the bid specifications, rejecting its bid on the subject contract, and awarding the contract to the respondent Vitiello Construction, Inc. Therefore, the petition was properly denied and the proceeding dismissed (see, Matter of Santana Prods. v Board of Educ., 261 AD2d 625; Matter of K & M Turf Maintenance, 166 AD2d 445; Matter of Smith of Long Is. v City of Long Beach, 158 AD2d 454). Ritter, J. P., S. Miller, Friedmann and Crane, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Village of Spring Valley awarding a contract to the respondent Vitiello Construction, Inc., the petitioner appeals from stated portions of a judgment of the Supreme Court, Rockland County (Nelson, J.), dated March 29, 2000, which, inter alia, denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the petitioner’s contention, the Supreme Court correctly determined that respondent Village of Spring Valley had a rational basis for refusing to waive the petitioner’s noncompliance with the bid specifications, rejecting its bid on the subject contract, and awarding the contract to the respondent Vitiello Construction, Inc. Therefore, the petition was properly denied and the proceeding dismissed (see, Matter of Santana Prods. v Board of Educ., 261 AD2d 625; Matter of K & M Turf Maintenance, 166 AD2d 445; Matter of Smith of Long Is. v City of Long Beach, 158 AD2d 454). Ritter, J. P., S. Miller, Friedmann and Crane, JJ., concur.

Bellavista Construction Corp. v. Village of Spring Valley, 284 A.D.2d 394, 726 N.Y.S.2d 271, 2001 N.Y. App. Div. LEXIS 6064 (N.Y. Ct. App. 2001).

Pincite

284 A.D.2d 394 (Bellavista Construction Corp. v. Village of Spring Valley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related