Gulston v. Department of Finance

OPINION OF THE COURT

Lewis L. Douglass, J.

This is a motion by the plaintiff to rescind a water bill on the grounds that the bill is excessive or in the alternative the plaintiff seeks an order in the nature of a writ of mandamus pursuant to CPLR article 78 directing defendants to hold a hearing to determine the accuracy of the water bill which is subject to this litigation.

Plaintiff’s position is that the bill must be the result of either a defective meter or a leak since the bills for the two years prior to the year in question were $307.65 and $156.98, whereas the current bill is for…