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MATTER OF DEEP v. KARIN

206 A.D.2d 829 (1994)

616 N.Y.S.2d 301

In the Matter of Norman Deep, Appellant, v. John Karin et al., Constituting The Town Board of the Town of Kirkland, Respondents

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

July 15, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Respondents' determination that the public interest would not be served by the extension of the Town of Kirkland Consolidated Sewer District (see, Town Law § 194 [1] [d]) is supported by substantial evidence and is not arbitrary and capricious. Further, as Supreme Court found, petitioner failed to give an undertaking at the time he applied for review of respondents' determination (see...

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