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MATTER OF NEW YORK CITY WATER BD. v. ZAGATA

240 A.D.2d 1005 (1997)

659 N.Y.S.2d 138

In the Matter of New York City Water Board, Petitioner, v. Michael D. Zagata, as Commissioner of The New York State Department of Environmental Conservation, et al., Respondents

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

June 26, 1997

Casey, J.

When upstate municipal corporations or water districts buy water from the New York City water supply system, they must pay New York City the fair and reasonable water charges or rates for the water that they take (see, Administrative Code of City of NY § 24-360 [a], [b]). Upon the application of either party, the rates will be fixed by respondent Department of Environmental Conservation (hereinafter DEC) after hearing all interested...

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