IN RE: SANTANA PRODUCTS

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

IN RE: SANTANA PRODUCTS, INC., appellant, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, et al., respondents.

Decided: May 24, 1999

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN and ANITA R. FLORIO, JJ. Scully, Scott, Murphy & Presser, Garden City, N.Y. (Frank S. DiGiglio of counsel), for appellant. Michael D. Hess, Corporation Counsel, New York, N.Y. (Leonard Koerner and Ellen B. Fishman of counsel), for respondents.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Education of the City of New York which, inter alia, rejected the petitioner's bid on a contract for providing restroom partitions and accessories in public schools, the petitioner appeals from a judgment of the Supreme Court, Kings County (Belen, J.), dated March 12, 1998, which denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, a rational basis supports the determination to reject the petitioner's contract bid.   The petitioner's failure to comply with certain contract specifications that were based on fire safety considerations warranted rejection of the petitioner's contract bid (see, Matter of Baumann & Sons Buses v. Patchogue-Medford Union Free School Dist., 231 A.D.2d 566, 567, 647 N.Y.S.2d 288;  Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 231, 356 N.Y.S.2d 833, 313 N.E.2d 321).

The petitioner's remaining contentions are without merit.

MEMORANDUM BY THE COURT.

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