B.C.I. Industrial Catering, Inc. v. Town of Huntington

—In a proceeding pursuant to CPLR article 78 to review a resolution of the Town Board of the Town of Huntington, dated March 26, 1996, which awarded a food service license and concession contract for the Dix Hills Ice Rink, Swimming Pool, and Golf Course to D&J Refreshments, the appeal is from an order of the Supreme Court, Suffolk County (Gerard, J.), entered May 22, 1997, which, upon granting the respondent’s motion for reargument, vacated its earlier determination, annulled the Town Board’s resolution, and remitted the matter to the Town Board for re-examination of its determination not to…