Alca Industries, Inc. v. Delaney

—Peters, J.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered January 2, 1997 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioner’s application to withdraw its bid without forfeiture of its bid security.

At issue is whether respondent’s procedures concerning the refunding of bid bonds should have been the subject of formal rule-making procedure in accordance with the State Administrative Procedure Act. In 1996, after responding to a published advertisement for bids…