In a decision with wide ranging impact for companies doing business with government, the Court of Appeals reversed an Appellate Division decision requiring the use of competitive bidding for the disposal of recyclables.

In 2004, the Town of Oyster Bay solicited proposals from nine companies for the handling of recyclables. Five responded. The town did not use a sealed, competitive bidding process to award the contract, which would have awarded it to the "lowest responsible bidder" under Section 103 of the General Municipal Law.

Instead, the Town hired a consultant to review the proposals and conducted a public hearing. The contract was awarded to Giove Company, Inc.

One of the other finalists, Omni Recycling, challenged the contract award. The Appellate Division nullified the contract unanimously, finding that "[W]hile it is possible that the agreement with Giove in this case represents the best possible agreement, we have no real way of knowing that, absent compliance with GML § 103." Oyster Bay, with support from the Association of Towns ,sought intervention from the high court.

The Courts of Appeals reversed, noting "[I]t has long been recognized that public work contracts that require the exercise of specialized or technical skills, expertise or knowledge are not subject to the sealed, competitive bidding requirements." The Court further sanctioned the proposal review process employed by the Town .

If you have a question about the municipal bidding process, believe you were wrongly denied a municipal contract or seek guidance on any other municipal law issue, contact us.

Attorney General Andrew M. Cuomo (r) and Ryan Karben talk at a recent reception celebrating Mr . Cuomo's birthday and the conclusion of Mr. Cuomo's second successful year in office. A longtime supporter of the Attorney General, Karben joined former Gov. Mario M. Cuomo, labor leaders and distinguished New Yorkers for a small dinner following the reception.

Ryan Karben secured a last-minute judicial workout period for defaulted $4 million loan on a suburban residential apartment complex. The workout period gives the mortgagor additional time to close a contemplated sale of the property, satisfying the underlying loan.

When Karben brought on the petition, the Supreme Court had already authorized its appointed referee to conduct a courthouse auction of the realty, a multi-unit residential complex. Karben submitted an Order to Show Cause with a Request for Preliminary Injunction. Invoking the mortgagor's statutory right of redemption, the Court granted the injunction, stayed the sale indefinitely and permitted negotiations for the consensual sale of the realty to continue.

The foreclosure crisis has grown so severe that the New York Banking Department launched a public service announcement effort to promote loan workouts. If you are facing litigation or foreclosure concerning your real property, conta ct us today.

The IGR Group, the national bi-partisan public affairs and lobbying firm where Ryan Karben serves as Managing Director, has added national political and policy heavyweights to impressive roster of talent. The firm was formerly known as FHGR.

Former California Assembly Speaker Fabi an Nunez has joined the firm's affiliated Mercury office in Sacramento, California as a Partner. Patrick Baskette, an advocacy specialist and former aide to now-Vice President Joe Biden, as joined the firm's affiliated Crosslink office in Washington, DC.

The New York team has gained Rodney Capel, the former executive director of the state's Democratic Party and a top aide to City Council Speaker Chris Quinn. Mike DuHaime, who managed Rudy Giuliani's presidential campaign, has also joined the office. All of our business units work together to shape public outcomes for a diverse roster of clients. From polling to media to meetings with key decision-makers, our bi- partisan team is committed to meaningful results in the court of public opinion and the hall of power. Contact rkarben@igr-group.com for more information.