Legal Opinion
L&M Bus Corp. v. New York City Department of Education
New York Court of Appeals
Decided June 14, 2011No. 110PublishedCited by 18 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Lippman.
This appeal asks us to decide whether certain specifications in the bid solicitation of the New York City Department of Education (DOE) for a school transportation contract comport with the public bidding laws. We conclude that the “Employee Protection Provisions” (EPPs) contained in the solicitation are subject to heightened scrutiny, and hold that DOE has not proven that the EPPs are designed to save the public money, encourage robust competition, or prevent favoritism. However, we apply rational basis review to the remaining disputed bid…
2Cases cited5 opinions
- New York State Chapter, Inc. v. New York State Thruway AuthorityNew York Court of Appeals · 1996
- Council of City of New York v. BloombergNew York Court of Appeals · 2006
- Acme Bus Corp. v. Board of EducationNew York Court of Appeals · 1997
- Associated Builders & Contractors, Inc. v. City of RochesterNew York Court of Appeals · 1986
- L&M Bus Corp. v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by18 opinions
- Michael R. Gianatasio, PE, P.C. v. City of New YorkNew York Supreme Court · 2016
- Matter of Hello Alert, Inc. v. East Moriches Fire Dist.Appellate Division of the Supreme Court of the State of New York · 2015
- Paulsen v. All American School Bus Corp.District Court, E.D. New York · 2013
- Matter of Blueline Commuter, Inc. v. Montgomery CountyAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Cotazino v. New York State Adirondack Park AgencyAppellate Division of the Supreme Court of the State of New York · 2023
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