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MATTER OF PICONE/McCULLAGH v. MIELE, SR.

283 A.D.2d 501 (2001)

724 N.Y.S.2d 473

In the Matter of PICONE/McCULLAGH, Appellant, v. JOEL A. MIELE, SR., as Commissioner of the New York City Department of Environmental Protection, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 14, 2001.

Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The respondent A.J. Pegno Construction Corp./Tully Construction Company, Inc. (hereinafter Pegno), was the winning bidder on a public works contract for the construction of the Newtown Creek Water Pollution Control Plant. The plant was to be constructed under the aegis of the respondent New York...

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