BARILE INC v. MORALES (2009)

Order and judgment (one paper), Supreme Court, New York County (Joan A. Madden, J.), entered May 26, 2009, which denied petitioner's application to annul respondents' determination rejecting petitioner's bids on two contracts, and dismissed the petition, unanimously affirmed, without costs.

Respondents' bidding requirement that bidders have a certain minimum amount of net liquid assets is rationally related to the minimum financial resources necessary to perform the contracts, and, indeed, petitioner does not appear to argue otherwise.   To hold, as petitioner urges, that respondent's use of only that measure resulted, at least in petitioner's case, in an arbitrary rejection of a responsive bid by a responsible bidder would be to substitute our judgment for that of respondents (see Matter of P & C Giampilis Constr. Corp. v. Diamond, 210 A.D.2d 64, 66, 619 N.Y.S.2d 271 [1994];  see generally Flacke v. Onondaga Landfill Sys., 69 N.Y.2d 355, 363, 514 N.Y.S.2d 689, 507 N.E.2d 282 [1987] ).   We have considered petitioner's other arguments and find them to be unavailing.