MHG Family Ltd. Partnership v. New York City Water Board
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Rolando T. Acosta, J.), entered February 1, 2007, which denied the petition challenging a surcharge imposed by respondent Water Board for petitioner’s alleged failure to make a timely request to install a water meter, unanimously affirmed, without costs.
The determination of the Water Board was not arbitrary or capricious, nor did it lack a rational basis in the record (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 230-231 [1974]). Under the pertinent rate…
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