Air Cargo-Buffalo v. Niagara Frontier Transportation Authority

—Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to compel respondents to comply with the procurement guidelines promulgated by respondent Niagara Frontier Transportation Authority (NFTA). Supreme Court concluded that the agreement between the NFTA and Sonwil Distribution Center, Inc. (Sonwil) was a lease and not subject to the procurement guidelines. We disagree.

Although interpretation by an agency of its own regulations is entitled to great weight, when the interpretation "runs counter to…