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COCONATO v. TOWN OF ESOPUS

152 A.D.2d 39 (1989)

Anthony Coconato et al., Doing Business as REHA Associates II, Respondents, v. Town of Esopus, Appellant

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

November 22, 1989

Attorney(s) appearing for the Case

Kellar & Kellar (Couch, White, Brenner, Howard & Feigenbaum [Leslie F. Couch, Lawrence H. Cooke, Norman Kellar and Thomas A. Grue of counsel]), for appellant.

Riseley, Riseley, Gruner & Salzman (Richard F. Riseley, Jr., and Lawrence E. Ball of counsel), for respondents.

KANE, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

MERCURE, J.

On June 11, 1986, defendant enacted Local Laws, 1986, No. 3 of the Town of Esopus which required all new customers of the Port Ewen Water District (hereinafter the District) in Ulster County to pay an initial hook-up fee, fixed by subsequent resolution at $1,000 per dwelling unit and $1 per square foot of nonresidential space, and provided that the fees so collected be deposited into a special account...

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