Nolan, Hayes & Warcup, Inc. v. Office of General Services

Petitioner has commenced a special proceeding challenging the validity of a specification prepared by respondent for the supply of fuel oil to the State of New York. The respondent has moved to dismiss the petition upon the grounds that the petitioner has no standing upon which to commence this proceeding and that the petition fails to state a cause of action.

Petitioner is a corporation which in the past has supplied certain types of fuel oil to the State of New York and its political subdivisions. Initially, petitioner was a successful bidder on a portion of a contract to supply fuel oil for…