G & D Construction, Inc. v. Egan

Memorandum: In this CPLR article 78 proceeding petitioner seeks annulment of the respondent’s determination denying it minority business enterprise status. Based on the fact that its president, sole shareholder and director is black, petitioner applied for certification as a minority business. After review and on-site investigation the application was rejected by respondent due to lack of actual operational and managerial control by the minority owner of the enterprise. Petitioner initially sought administrative review of this decision, but then withdrew its request upon discovering that no…