MILLIGAN CONTRACTING INC v. OSWEGO COUNTY OPPORTUNITIES INC (1999)

 Petitioner commenced this CPLR article 78 proceeding seeking to annul the award of a construction contract to a competitor.   Supreme Court properly dismissed the petition.   Respondent Oswego County Opportunities, Inc. (OCO) solicited bids for construction of its new facility.   Petitioner contends that, pursuant to County Law § 408-a(1) and General Municipal Law § 103(1), OCO was required to award the contract to the lowest responsible bidder.   Contrary to petitioner's contention, however, OCO is not an agency of respondent County of Oswego (County) or any other municipality, but is a not-for-profit corporation that contracts with the County.   In addition, OCO did not receive municipal funding for the project.   Thus, the contract was not one for “public work” (see, General Municipal Law § 103[1];  Matter of Diamond Asphalt Corp. v. Sander, 92 N.Y.2d 244, 257, 678 N.Y.S.2d 567, 700 N.E.2d 1203, rearg. denied 92 N.Y.2d 921, 680 N.Y.S.2d 461, 703 N.E.2d 273), and County Law § 408-a(1) does not apply.   In any event, because the project was entirely funded by bonds issued by the County Industrial Development Agency, it is exempt from the requirements of public bidding (see, General Municipal Law § 884).   Petitioner's remaining contention is without merit.

Judgment unanimously affirmed without costs.

MEMORANDUM: