NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 11, 2008
IN RE VED PARKASH, PETITIONER-APPELLANT,
NEW YORK CITY WATER BOARD ET AL., RESPONDENTS-RESPONDENTS.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 25, 2007, which denied petitioner's application to annul respondent Water Board's determination calculating petitioner's wastewater charge based on 159% of petitioner's water charge, including a surcharge for having failed to timely install a water meter, and dismissed the petition, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Saxe, Sweeny, Catterson, Moskowitz, JJ.
Respondent's determination was neither arbitrary, capricious, nor a violation of law (see Haav 575 Realty Corp. v New York City Water Bd., 38 AD3d 481 ). To the extent that the decision of the Appellate Division, Second Department, in Matter of Pistilli Assoc. III, LLC v New York City Water Bd. (46 AD3d 905 ) calls for a different result, we disagree.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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