MATTER OF PISTILLI ASSOCIATES III, LLC v. NEW YORK CITY WATER BOARD


46 A.D.3d 905 (2007)

850 N.Y.S.2d 136

In the Matter of PISTILLI ASSOCIATES III, LLC, Appellant, v. NEW YORK CITY WATER BOARD et al., Respondents.

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

Decided December 26, 2007.


Ordered that the order and judgment is modified, on the law, by deleting the provisions thereof denying the petition and declaring that the imposition by the respondents of the subject wastewater charges for the period commencing July 1, 2000 and ending June 30, 2002, is authorized by law, and substituting therefor a provision granting the petition to the extent of determining that the respondents had no authority to take the amount of water surcharges into account in calculating...

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