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IN RE: Application of DEOL ELECTRICAL CONTRACTING, INC., Petitioner-Appellant For an Order, etc., v. Lillian BARRIOS-PAOLI, as Commissioner of the Department of Housing Preservation and Development, et al., Respondents-Respondents.
Order, Supreme Court, New York County (Robert Lippmann, J.), entered October 23, 1997, which dismissed the petition, brought pursuant to CPLR article 78, seeking to, inter alia, prohibit respondents from declaring petitioner a non-responsible bidder, unanimously affirmed, without costs.
The record indicates that petitioner, having previously been found on seven occasions to have been non-responsible due to its failure to have electrical work it performed supervised by a licensed master electrician, thereafter concealed those determinations in responding to municipal questionnaires. General Municipal Law § 103(1) provides for the awarding of contracts to the lowest responsible bidder. Petitioner's actions, and its lack of integrity, provided a rational basis for the challenged finding that it was not responsible (see, Matter of Positive Transp. v. City of New York Dept. of Transp., 183 A.D.2d 660, 661, 584 N.Y.S.2d 51).
MEMORANDUM DECISION.
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Decided: February 11, 1999
Court: Supreme Court, Appellate Division, First Department, New York.
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