Unifirst Corp. v. Town of Hamburg

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed petitioner’s CPLR article 78 proceeding because respondents did not act arbitrarily or capriciously in basing petitioner’s initial sewage treatment charges upon information supplied by petitioner in its application for a sewer permit. Actual flow figures are now available and will form the basis to compute subsequent charges for sewage treatment. Petitioner’s argument that the sewage treatment charge is unlawful is raised for the first time on appeal *823and therefore is not properly before this Court for…