New York City Water Board v. Zagata

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Environmental Conservation concerning certain water rates to be charged by petitioner.

When upstate municipal corporations or water districts buy water from the New York City water supply system, they must pay New York City the fair and reasonable water charges or rates for the water that they take (see, Administrative Code of City of NY § 24-360 [a], [b]). Upon the application of either party, the rates will be fixed…