Matter of Lewis Tree Serv., Inc. v. Fire Dep't of the City of New York, 27 Wage & Hour Cas. (BNA) 824 (NY 1985). · Go Syfert
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Matter of Lewis Tree Serv., Inc. v. Fire Dep't of the City of New York, 27 Wage & Hour Cas. (BNA) 824 (NY 1985). Cases Citing This Book View Copy Cite
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cited 3× by 1 distinct case · …the comptroller's determination, made in accordance with the authority vested in him by state law was never challenged in an article 78 proceeding, and, under settled principles, cannot be collaterally attacked in this proceeding ≈ altered
20 citation events (13 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
examined Cited as authority (quoted) Read v. Corning Inc. (3×)
W.D.N.Y. · 2018 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the comptroller's determination, made in accordance with the authority vested in him by state law was never challenged in an article 78 proceeding, and, under settled principles, cannot be collaterally attacked in this proceeding
cited Cited as authority (rule) A.H. v. C.E.G., on behalf of G.S.
Ind. Ct. App. · 2014 · confidence medium
Co., 486 N.E.2d 826, 829 (Ind.Ct.App.1982).
discussed Cited as authority (rule) Steen v. Quaker State Corp.
N.Y. App. Div. · 2004 · confidence medium
Matter of Lewis Tree Serv. v Fire Dept. of City of N.Y., 66 NY2d 667, 669 [1985]; Adirondack Park Agency v Bucci, 2 AD3d 1293, 1295 [2003], lv dismissed and denied 3 NY3d 634 [2004]; Cahill v Harter, 277 AD2d 655 [2000]; City of New York v East N.Y.
examined Cited "see" Hi Pockets, Inc. v. Music Conservatory of Westchester, Inc. (3×)
S.D.N.Y. · 2002 · signal: see · confidence high
See City of New York v. East New York Wrecking Corp., 161 A.D.2d 489 , 555 N.Y.S.2d 755 (1st Dep’t 1990) (citing Lewis Tree Serv. v. Fire Dep’t of City of New York, 66 N.Y.2d 667, 669 , 495 N.Y.S.2d 968 , 486 N.E.2d 826 (1985)); see also Young Men’s Christian Association v. Rochester Pure Waters Dist., 37 N.Y.2d 371 , 334 N.E.2d 586 , 372 N.Y.S.2d 633 (1975).
discussed Cited "see, e.g." Adirondack Park Agency v. Bucci
N.Y. App. Div. · 2003 · signal: see also · confidence medium
The statute of limitations for such a challenge has long since expired (see CPLR 217 [1]) and the Buccis may not now collaterally attack the determination in this enforcement action (see Cahill v Harter, 277 AD2d 655, 656 [2000]; see also Matter of Lewis Tree Serv. v Fire Dept. of City of N.Y., 66 NY2d 667, 669 [1985]).
cited Cited "see, e.g." Crane-Hogan Structural Systems, Inc. v. Board of Contract & Supply of the City of Utica
N.Y. App. Div. · 1990 · signal: see also · confidence low
Roofing & Contr. v Board of Educ., 91 AD2d 662 ; see also, Matter of Lewis Tree Serv. v Fire Dept., 66 NY2d 667, 669 ; Barrett Foods Corp. v New York City Bd. of Educ., 144 AD2d 410, 411 ).
Retrieving the full opinion text from the archive…
In the Matter of Lewis Tree Service, Inc., Appellant,
v.
Fire Department of the City of New York Et Al., Respondents
New York Court of Appeals.
Oct 10, 1985.
27 Wage & Hour Cas. (BNA) 824
APPEARANCES OF COUNSEL, Richard N. Chapman and Brian P. O’Connor for appellant., Frederick A. O. Schwarz, Jr., Corporation Counsel (Dana Robbins and Larry Sonnenshein of counsel), for respondents.
Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone Concur.
Cited by 15 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: W.D. New York (3)

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, by converting this proceeding into a declaratory judgment action, and declaring that petitioner is not debarred from bidding on State or municipal contracts.

Petitioner, Lewis Tree Service, Inc., brought this article 78 proceeding seeking to annul a determination of the New York City Fire Department awarding a contract for the trimming of trees to another bidder and to direct that it be awarded the contract. Although petitioner appears to have been the lowest bid[*669] der, the Fire Department declined to award it the contract because of a previous determination by the Comptroller that it had violated the provisions of Labor Law § 231(2) in that it had failed to pay some 15 exterminators the prevailing wage and benefits under two tree-spraying contracts it had with the New York City Housing Authority.

The Comptroller’s determination, made in accordance with the authority vested in him by Labor Law § 230 (8), § 235 and Public Housing Law § 152, was never challenged in an article 78 proceeding, and, under settled principles, cannot be collaterally attacked in this proceeding (2 Am Jur 2d, Administrative Law, §§ 491, 493; cf. Lacks v Lacks, 41 NY2d 71). No debarment from further bidding resulted by virtue of Labor Law § 235 (7), however, because the Comptroller made but a single determination (see, Matter of Dadson Plumbing Corp. v Goldin, 66 NY2d 718).

Although it was thus error for the Fire Department to disqualify petitioner from bidding, as petitioner concedes, the contract sought to be annulled has been let and completed. Consequently, the relief sought in this proceeding cannot now be granted. Accordingly, we convert the proceeding to a declaratory judgment action and make a declaration in its favor (CPLR 103 [c]). We reject the suggestion in petitioner’s brief that it be awarded money damages because of the prejudice to the City and the lack of compliance with the provisions of Administrative Code of the City of New York § 394a-1.0.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

Order modified, without costs, in accordance with the memorandum herein and, as so modified, affirmed.