Albert Elia Building Co. v. County of Monroe

Petitioner brings this CPLR article 78 proceeding to review the act of the Monroe County Legislature in awarding the general contract for the construction of the "Resource Recovery Facility” to the respondent Hyland and Sons, Inc. Petitioner claims that Hyland, by refusing to extend *335its bid beyond the 45-day period, had in effect withdrawn its bid and for that reason the award to Hyland was improper.

Section 105 of the General Municipal Law provides that when a bid deposit or other security is required "a person or corporation submitting a bid may withdraw the same if no award of the contract…