New York Court of Appeals July 8, 1999 (Express Industries & Terminal Corp. v. New York State Department of Transportation)

OPINION OF THE COURT

Wesley, J.

The issue in this CPLR article 78 proceeding is whether petitioner, Express Industries and Terminal Corp., entered into a binding contract with respondent, New York State Department of Transportation (DOT), for the lease of a pier on the West Side of Manhattan when Express executed a permit that DOT characterized as its “final determination” for the lease.