VIL. OF SCARSDALE v. JORLING


91 N.Y.2d 507 (1998)

695 N.E.2d 1113

673 N.Y.S.2d 32

In the Matter of Village of Scarsdale, Appellant-Respondent, v. Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, Respondent, and New York City Water Board, Respondent-Appellant; County of Westchester, Intervenor-Appellant-Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1998.


Attorney(s) appearing for the Case

Klein, Zelman, Rothermel & Dichter, L. L. P., New York City (Joel R. Dichter and David O. Klein of counsel), for appellant-respondent.

Jeffrey D. Friedlander, Acting Corporation Counsel of New York City (John Hogrogian, Pamela Seider Dolgow, Gail Rubin and Florence A. Hutner of counsel), for respondent-appellant.

Gregory F. Meehan, Acting County Attorney of Westchester County, White Plains (Marguerite R. Wiess and Stacey Dolgin-Kmetz of counsel), for intervenor-appellant-respondent.

Dennis C. Vacco, Attorney-General, New York City (Gordon J. Johnson, Barbara G. Billet and John W. McConnell of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.


CIPARICK, J.

The instant appeal pits the New York City Water Board (Water Board) against the Village of Scarsdale (Village) and the County of Westchester (County), with the New York State Department of Environmental Conservation (DEC) in the middle. At issue is which governmental entity has the authority, pursuant to section 24-360 of the Administrative Code of the...

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