Lacorte Electrical Construction & Maintenance, Inc. v. County of Rensselaer

We respectfully dissent. The determination by the Board of Trustees of respondent Hudson Valley Community College (hereinafter HVCC) that petitioner was not a "responsible bidder” affects petitioner’s ability to carry on its business, thereby providing it a cognizable liberty interest (see, Matter of Schiavone Constr. Co. v Larocca, 117 AD2d 440, 443, lv denied 68 NY2d 610). While the contracts awarded by HVCC must be approved by the Rensselaer County Legislature pursuant to Education Law § 6306 (7), the decision-making process is undertaken by HVCC’s Board of Trustees and there is no doubt…