Apple Valley Hydraulics v. Town of Plattsburgh

Mercure, J.P

Appeal from an order of the Supreme Court (Dawson, J), entered April 12, 2007 in Clinton County, which, among other things, granted defendant’s motion for summary judgment dismissing the complaint.

In 1987, defendant enacted a local law requiring the annual *934testing of all backflow prevention devices by either an employee of defendant’s Water and Sewer Department or by a certified tester in the presence of a Department employee (see Local Law No. 2 [1987] of Town of Plattsburgh § 87-33 [F]). The stated purposes of the local law are compliance with the State Sanitary Code and the…