Oneida County v. DiCastro

OPINION OF THE COURT

Robert F. Julian, J.

In this case, the respondent asks the court to make a first *188impression finding that Public Health Law § 1306 and the Oneida County Sanitary Code require the lowest responsible bidder to remediate a building deemed to be a public nuisance pursuant to the Public Health Law and Sanitary Code or, in the alternative, that the County failed to mitigate damages.

The respondent’s building, which is located at 114 Main Street, Camden, New York, was undisputedly a public nuisance. After the respondent defaulted at an administrative hearing brought under the Oneida…