Pomeroy v. Whalen

Herlihy, J. (concurring in part and dissenting in part).

We agree with the majority opinion insofar as it concludes that the portion of the determination finding a violation by virtue of a failure to submit final water supply plans and imposing certain affirmative action requirements must be annulled. Further, we agree with the finding that the determination should be sustained as to the unauthorized extension of a water supply and that the penalty imposed for that violation should be confirmed.

The majority find that the declaration that section 1115 of the Public Health Law is…