April 15, 1959 Thomson McGinty for petitioner. Charles H. Tenney, Corporation Counsel ( Leon Fischel and Alfred A. Duffy of counsel), for Joseph V. Spagna, respondent. SAUL S. STREIT, J. This is a proceeding under article 78 of the Civil Practice Act to review a determination and award of a contract made by the respondent, Commissioner of Purchase of the City of New York. Pursuant to section 343 of the New York City Charter, the respondent Commissioner caused proposals for bids to be advertised for