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MATTER OF OLIVE v. CITY OF NEW YORK

63 A.D.3d 1416 (2009)

881 N.Y.S.2d 228

In the Matter of TOWN OF OLIVE et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 18, 2009.

Kavanagh, J.

Pursuant to the Water Supply Act of 1905, respondent New York City Department of Environmental Protection (hereinafter DEP) maintains and controls an infrastructure of 19 reservoirs located in a 1,969-square-mile radius both north and west of respondent City of New York (hereinafter City) that supply water to approximately nine million residents of the state (see Environmental Protection and Utilities Law [Adminitrative Code of City of NY] §...

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