IN THE MATTER OF AMALGAMATED WARBASSE HOUSES, INC. v. NEW YORK CITY WATER BOARD


24 A.D.3d 121 (2005)

806 N.Y.S.2d 184

In the Matter of AMALGAMATED WARBASSE HOUSES, INC., Appellant, v. NEW YORK CITY WATER BOARD, Respondent.

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

December 1, 2005.


Respondent's rules in effect in 1996, insofar as pertinent, limited certain forms of back-billing to two years for residential customers and six years for commercial customers (15 RCNY, Appendix A, part V, former § 5). We defer to respondent's interpretation of this rule as permitting the six-year limitation where a residential property, such as petitioner, receives a commercial benefit from the operation of a power plant, even though most of the water that flows into...

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