Legal Opinion

In THE MATTER OF OMNI RECYCLING OF WESTBURY, INC. v. Town of Oyster Bay

New York Court of Appeals

Decided December 16, 2008PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition denied in the entirety.

It has long been recognized that public work contracts that require the exercise of specialized or technical skills, expertise or knowledge are not subject to the sealed, competitive bidding requirements under General Municipal Law § 103 * (see e.g. People v Flagg, 17 NY 584 [1858]) and may instead be awarded using the request for proposals (RFP) process set forth in General Municipal Law § 104-b. In May 2004, respondent Town of…

2Cases cited1 opinion

  1. People Ex Rel. Smith v. FlaggNew York Court of Appeals · 1858

3Cited by6 opinions

  1. Town of Angelica v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
  2. The Matter of ACME Bus Corp. v. Orange CountyNew York Court of Appeals · 2016
  3. City of Kingston v. Aslan Envtl. Servs., LLCAppellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Auctions Intl., Inc. v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 2021
  5. TOWN OF ANGELICA v. SMITH, JOEL S.Appellate Division of the Supreme Court of the State of New York · 2011

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