Opinion
August 21, 1995
Appeal from the Supreme Court, Rockland County (Weiner, J.).
Ordered that the order is affirmed, with costs.
Contrary to the petitioner's contentions, a fair reading of the bid specification in dispute indicates that the Town intended to continue its schedule in effect at the time bids were solicited for a five-year contract for the collection of bulk refuse. That schedule mandated that the monthly bulk refuse collection be performed over three consecutive days, usually the last Wednesday, Thursday, and Friday of the month. Because there existed a rational basis for the Town's determination that the petitioner could not comply with this requirement, and the plan submitted by the petitioner varied materially from the bid requirements, the disqualification of the petitioner was not arbitrary or capricious, and will not be disturbed (see, CPLR 7803; Pell v. Board of Educ., 34 N.Y.2d 222; Matter of A S Transp. Co. v. County of Nassau, 154 A.D.2d 456, 459; Matter of Clancy-Cullen Stor. Co. v. Board of Elections, 98 A.D.2d 635).
The petitioner's remaining contentions are without merit. Sullivan, J.P., Miller, Thompson and Ritter, JJ., concur.