DME Contracting, Inc. v. State

—Mercure, J.

Appeal from a judgment of the Supreme Court (Harris, J.), entered March 23, 1992 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent forfeiting petitioner’s bid security on a roofing project.

Petitioner submitted a bid to respondent for roofing work on Project No. 37344-C. When respondent opened the bids on June 12, 1991, a discrepancy was noted on petitioner’s bid form—the price written in words was "Three hundred eight thousand four hundred ninety nine dollar[s] and 00/100ths” and the price…