Son Mar Carting, Inc. v. Heil

OPINION OF THE COURT

Marquette L. Floyd, J.

For the purposes of this memorandum, the above three CPLR article 78’s are consolidated inasmuch as they involve common issues of law. The respondent Town of Brookhaven’s motions made in all three article 78’s seeking to dismiss the petition based upon objections in point of law are considered under CPLR 7804, General Municipal Law § 103, Town Law § 64 and are granted. The petitions are dismissed in all three actions.

On May 20, 1993, the Town Board of the Town of Brookhaven invited bids for a five-year contract for the collection of residential solid…