Ottaviano v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Ottaviano v. New York City Housing Authority

176 A.D.2d 134

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 12, 1991

StatusPublished

This text of 176 A.D.2d 134 (Ottaviano v. New York City Housing Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ottaviano v. New York City Housing Authority, 176 A.D.2d 134 (N.Y. Ct. App. 1991).

Pincite

Opinion

Judgment, Supreme Court, New York County (David H. Edwards, Jr., J.), entered June 13, 1991, which dismissed petitioners’ CPLR article 78 proceeding, challenging a determination by respondents finding that six bids and contracts for boiler replacements at six Federally funded housing projects need not be separately specified for "plumbing, heating and electrical” work, unanimously affirmed, without costs.

Petitioners, a not-for-profit industry board and a plumbing contractor, commenced this article 78 proceeding alleging that respondent New York City Housing Authority (NYCHA) violated Public Housing Law § 151-a when the agency failed to propose and award separate contracts for plumbing, heating and electrical work for six public housing projects scheduled to undergo boiler replacement. While it is true that Public Housing Law § 151-a requires separate specifications for certain types of work involved in the construction or alteration of buildings, we uphold respondent NYCHA’s determination that the replacement or upgrading of old boilers does not fall within the purview of the statute. Strict construction is to be applied to competitive bid statutes (Matter of Marino v Town of Ramapo, 68 Misc 2d 44). As the respondent agency’s interpretation of the statute is both rational and necessary to effectuate the statutory purpose, no basis exists to disturb it.

We have considered petitioners’ remaining arguments and find them to be without merit. Concur — Carro, J. P., Wallach, Kupferman and Smith, JJ.

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

Judgment, Supreme Court, New York County (David H. Edwards, Jr., J.), entered June 13, 1991, which dismissed petitioners’ CPLR article 78 proceeding, challenging a determination by respondents finding that six bids and contracts for boiler replacements at six Federally funded housing projects need not be separately specified for "plumbing, heating and electrical” work, unanimously affirmed, without costs.

Petitioners, a not-for-profit industry board and a plumbing contractor, commenced this article 78 proceeding alleging that respondent New York City Housing Authority (NYCHA) violated Public Housing Law § 151-a when the agency failed to propose and award separate contracts for plumbing, heating and electrical work for six public housing projects scheduled to undergo boiler replacement. While it is true that Public Housing Law § 151-a requires separate specifications for certain types of work involved in the construction or alteration of buildings, we uphold respondent NYCHA’s determination that the replacement or upgrading of old boilers does not fall within the purview of the statute. Strict construction is to be applied to competitive bid statutes (Matter of Marino v Town of Ramapo, 68 Misc 2d 44). As the respondent agency’s interpretation of the statute is both rational and necessary to effectuate the statutory purpose, no basis exists to disturb it.

We have considered petitioners’ remaining arguments and find them to be without merit. Concur — Carro, J. P., Wallach, Kupferman and Smith, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

176 A.D.2d 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ottaviano-v-new-york-city-housing-authority-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack