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MATTER OF UNIFIRST CORP. v. TOWN OF HAMBURG

219 A.D.2d 822 (1995)

631 N.Y.S.2d 973

In the Matter of Unifirst Corporation, Appellant, v. Town of Hamburg et al., Respondents

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

September 29, 1995

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly dismissed petitioner's CPLR article 78 proceeding because respondents did not act arbitrarily or capriciously in basing petitioner's initial sewage treatment charges upon information supplied by petitioner in its application for a sewer permit. Actual flow figures are now available and will form the basis to compute subsequent charges for sewage treatment. Petitioner's argument...

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