Bluebird Realty Corp. v. Department of Environmental Protection

—Judgment, Supreme Court, New York County (Joan Madden, J.), entered June 12, 2001, which denied petitioner property owner’s application pursuant to CPLR article 78 challenging a water bill issued by respondent Department of Environmental Protection, and dismissed the petition, unanimously affirmed, without costs.

*7Petitioner’s claim that respondent did not bill it annually for the outstanding water charges in dispute, and that such failure to bill relieved petitioner of its obligation to pay the charges, was improperly raised for the first time in the article 78 proceeding (see Matter of…