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JERICHO WATER v. ONE CALL

37 A.D.3d 136 (2006)

826 N.Y.S.2d 659

JERICHO WATER DISTRICT, Appellant, v. ONE CALL USERS COUNCIL, INC., et al., Respondents.

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

December 12, 2006.

Attorney(s) appearing for the Case

Carman, Callahan & Ingham, LLP, Farmingdale (Michael F. Ingham of counsel), for appellant.

Wilder & Linneball, LLP, Buffalo (Laura A. Linneball and Christopher S. Nickson of counsel), for respondents.

ADAMS and LIFSON, JJ., concur with PRUDENTI, P.J.; RIVERA, J., dissents and votes to affirm the order insofar as appealed from in a separate opinion.

OPINION OF THE COURT

PRUDENTI, P.J.

The Legislature has exempted certain operators of underground facilities, including "municipalities," from contributing to the costs of operating a mandatory "one-call notification system," but the statute granting the exemption does not define the term "municipalities." The issue presented in this case is whether the plaintiff town improvement district is a "municipality" within the meaning of the statute, and thus exempt...

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