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IN THE MATTER OF NIAGARA MOHAWK POWER CORP. v. TOWN OF WATERTOWN

12 A.D.3d 1188 (2004)

785 N.Y.S.2d 254

In the Matter of NIAGARA MOHAWK POWER CORPORATION, Appellant, v. TOWN OF WATERTOWN et al., Respondents.

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

November 19, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner challenges the determination of the Town Board of the Town of Watertown that petitioner's properties benefitted from the services to be provided by the Town's sewer districts and consequently were to be included within those sewer districts. Supreme Court properly concluded that any such challenge was required to be made...

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