Diamond Asphalt Corp. v. Sander

—Order and judgment (one paper), Supreme Court, New York County (Helen Freedman, J.), entered August 21, 1996, which denied petitioner’s application pursuant to CPLR article 78 to annul the award of certain public works contracts to bidders other than petitioner, and dismissed the petition, unanimously affirmed, without costs.

The IAS Court properly dismissed the petition on the ground *198that the Mayor possesses and lawfully exercised his bypass authority under New York City Charter § 313 (b) (2) in awarding the contracts to bidders who, although not lowest bidders on the public work portion of…