130 A.D.2d 581 | N.Y. App. Div. | 1987
In a proceeding pursuant to CPLR article 78 to compel the Board of Education of the City of New York to declare certain contracts for the transportation of school children to be in default, to terminate those contracts, and to relet them in the manner required by law, and to prohibit the respondent board from awarding certain other contracts on the grounds of alleged improprieties in the bidding process, the petitioner appeals from a judgment of the Supreme Court, Kings County (Bernstein, J.), entered September 25, 1986, which dismissed the proceeding.
Ordered that the judgment is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The petitioner claims that the bid packages submitted by the respondent bus companies to the respondent Board of Education of the City of New York for contract No. 9888 for the transportation of school children failed to comply in various material respects with the bid specifications for this contract, and should thus be annulled. It is settled that a municipality or agency may waive a technical noncompliance with bid specifications if the defect is a mere irregularity and it is in the best interests of the municipality to do so. However, a municipality must reject the bid if the noncompliance
We have considered the petitioner’s other claims and find them to be without merit. Rubin, J. P., Spatt, Sullivan and Harwood, JJ., concur.