Santana Products, Inc. v. Board of Education

Appellate Division of the Supreme Court of New York

Santana Products, Inc. v. Board of Education

261 A.D.2d 625, 690 N.Y.S.2d 672, 1999 N.Y. App. Div. LEXIS 5672

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

DecidedMay 24, 1999

StatusPublished

Cited by1 cases

This text of 261 A.D.2d 625 (Santana Products, Inc. v. Board of Education) 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.

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Santana Products, Inc. v. Board of Education, 261 A.D.2d 625, 690 N.Y.S.2d 672, 1999 N.Y. App. Div. LEXIS 5672 (N.Y. Ct. App. 1999).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City of New York which, inter alia, rejected the petitioner’s bid on a contract for providing restroom partitions and accessories in public schools, the petitioner appeals from a judgment of the Supreme Court, Kings County (Belen, J.), dated March 12, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contentions, a rational basis supports the determination to reject the petitioner’s contract bid. The petitioner’s failure to comply with certain contract specifications that were based on fire safety considerations warranted rejection of the petitioner’s contract bid (see, Matter of Baumann & Sons Buses v Patchogue-Medford Union Free School Dist., 231 AD2d 566, 567; Matter of Pell v Board of Educ., 34 NY2d 222, 231).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Thompson, Goldstein and Florio, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City of New York which, inter alia, rejected the petitioner’s bid on a contract for providing restroom partitions and accessories in public schools, the petitioner appeals from a judgment of the Supreme Court, Kings County (Belen, J.), dated March 12, 1998, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contentions, a rational basis supports the determination to reject the petitioner’s contract bid. The petitioner’s failure to comply with certain contract specifications that were based on fire safety considerations warranted rejection of the petitioner’s contract bid (see, Matter of Baumann & Sons Buses v Patchogue-Medford Union Free School Dist., 231 AD2d 566, 567; Matter of Pell v Board of Educ., 34 NY2d 222, 231).

The petitioner’s remaining contentions are without merit. Bracken, J. P., Thompson, Goldstein and Florio, JJ., concur.

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Bluebook (online)

261 A.D.2d 625, 690 N.Y.S.2d 672, 1999 N.Y. App. Div. LEXIS 5672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santana-products-inc-v-board-of-education-nyappdiv-1999.

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