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MATTER OF TOWN OF POUGHKEEPSIE v. ZAGATA

245 A.D.2d 672 (1997)

664 N.Y.S.2d 500

In the Matter of Town of Poughkeepsie et al., Petitioners, v. Michael D. Zagata, as Commissioner of The Department of Environmental Conservation, et al., Respondents

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

December 4, 1997

Spain, J.

Petitioner Culinary Institute of America (hereinafter the Institute) established its campus in the Town of Hyde Park, Dutchess County, in 1973. At that time, no municipal facility existed which was capable of providing the Institute with an adequate source of water. As a result, the Institute constructed a water line to the Hudson River Psychiatric Center (hereinafter HRPC) in the Town of Poughkeepsie (hereinafter the Town and began to purchase...

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