Heritage Hills Sewage Works Corp. v. Town Board of Somers

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of Somers, dated November 28, 1989, which denied the petitioner’s application for a sewer rate increase, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Delaney, J.), entered July 18, 1991, which dismissed the proceeding. The petitioner’s notice of appeal from a decision dated November 2, 1990, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).

Ordered that the judgment is reversed, on the law, without costs or disbursements, the determination is…