Mulligan v. Lackey

Order unanimously reversed on the law and facts, with costs, and motion denied. Memorandum: In this article 78 proceeding brought to set aside the award of a construction project contract to respondent Albert Elia Building Company, Inc., the petition alleges that prior to September 29, 1969 one Fred Sebastian was a member of the Niagara Falls Urban Renewal Agency and also an employee of Elia; that pursuant to earlier advertisements for bids, on August 28 the agency awarded a contract for the water and sewer work to Elia but on September 24 that contract was held void in a special proceeding…