Appellate Division of the Supreme Court of the State of New York November 13, 1986 (In re the Arbitration between Albany Port District Commission & Fitzpatrick)

Petitioner and respondent entered into a contract on March 10, 1980 for construction work to be performed at a marine terminal of the Port of Albany. Public funds were appropriated for the project under Laws of 1979 (ch 397). When the bids on the project far exceeded the appropriation, Cibro Petroleum Products, Inc.