After a full opportunity has been accorded to the successful bidder, E. Totonelly & Sons, Inc., to be heard in this proceeding, the Special Term can then determine whether there has been unlawful denial of an award of the contract to petitioner and whether, in the exercise of its discretion, a peremptory order shall issue. In view of the decision by the Court of Appeals in Matter of Dictaphone Corp. v. O'Leary (287 N.Y. 491), resort to a proceeding under article...
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