ROMANO ENTERPRISES OF NEW YORK INC v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION

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Supreme Court, Appellate Division, First Department, New York.

ROMANO ENTERPRISES OF NEW YORK, INC., Petitioner-Appellant, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION, et al., Respondents-Respondents.

Decided: October 29, 1998

Before ROSENBERGER, J.P., and NARDELLI, MAZZARELLI and ANDRIAS, JJ. Jacqueline Gayner, for Petitioner-Appellant. Cheryl Payer, for Respondents-Respondents.

Order, Supreme Court, New York County (David Saxe, J.), entered October 23, 1997, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78, seeking, inter alia, to annul respondents' determination of petitioner's non-responsibility on certain contracts, unanimously affirmed, without costs.

 The agency determinations of non-responsibility were rationally based, since there was evidence that petitioner and its principal had engaged in a bid-rigging scheme on prior contracts, and that petitioner's principal misrepresented on various documents his involvement with other undisputed bid-riggers and his criminal record, all of which demonstrated poor judgment and a lack of integrity (see, Matter of Patrick R. Brereton & Assocs. v. Regan, 94 A.D.2d 886, 887, 463 N.Y.S.2d 319, affd. 60 N.Y.2d 807, 809, 469 N.Y.S.2d 699, 457 N.E.2d 806;  Matter of Tully Constr. Co. v. Hevesi, 214 A.D.2d 465, 625 N.Y.S.2d 531, appeal withdrawn 87 N.Y.2d 969, 642 N.Y.S.2d 198, 664 N.E.2d 1261).   The non-responsibility determination, which was made only after petitioner, through its principals and attorney, were afforded an opportunity to present their arguments in person and in writing, and was reviewed in three levels of agency appeal, did not deprive petitioner of any due process rights and we reject petitioner's claim that the instant agency determination, when coupled with a prior similar determination, amounted to de facto debarment (Matter of Callanan Indus. v. White, 118 A.D.2d 167, 170-171, 503 N.Y.S.2d 930, lv. denied 69 N.Y.2d 601, 511 N.Y.S.2d 1027, 503 N.E.2d 695;  see also, Matter of Mid-State Indus. v. City of Cohoes, 221 A.D.2d 705, 706-707, 633 N.Y.S.2d 238).

MEMORANDUM DECISION.