BETHELITE CHURCH v. NYC DEP


8 Misc.3d 274 (2004)

In the Matter of BETHELITE COMMUNITY CHURCH, GREAT TOMORROWS ELEMENTARY SCHOOL, Petitioner, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE CITY OF NEW YORK et al., Respondents.

Supreme Court, New York County.

December 28, 2004.


Attorney(s) appearing for the Case

Anthony C. Jones, New York City, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Chia Kang of counsel), for respondents.


OPINION OF THE COURT

SHIRLEY WERNER KORNREICH, J.

I. Factual and Procedural Background:

A. Facts:

Petitioner, a church and religious school, has brought this CPLR article 78 petition in the nature of mandamus, seeking: (1) to compel the Department of Environmental Protection (DEP) to grant it an exemption from water and sewer charges; (2) to reverse DEP's assessments, charges and penalties...

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