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MTR OF ACME CORP. v. ORANGE

No. 182.

28 N.Y.3d 417 (2016)

68 N.E.3d 671

45 N.Y.S.3d 852

2016 NY Slip Op 07835

In the Matter of ACME BUS CORP., Appellant, v. ORANGE COUNTY et al., Respondents.

Court of Appeals of New York.

Decided November 22, 2016.

Attorney(s) appearing for the Case

Hamburger, Maxson, Yaffe & McNally, LLP, Melville (Richard C. Hamburger, David N. Yaffe and Andrew K. Martingale of counsel), for appellant.

Langdon C. Chapman, County Attorney, Goshen (Carol C. Pierce of counsel), for Orange County and another, respondents.

Dickover, Donnelly & Donovan, LLP, Goshen (David A. Donovan of counsel), for Quality Bus Service, LLC, respondent.

Finkelstein & Partners, LLP, Newburgh (Joseph P. Rones of counsel), for VW Trans, LLC, respondent.

OPINION OF THE COURT

In this CPLR article 78 proceeding to annul Orange County's award of transportation contracts to Quality Bus Service, LLC and VW Trans, LLC, the question presented is whether the award was arbitrary and capricious. We hold that it was. We address whether evaluation...

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