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APPLE VALLEY HYDRAULICS v. TOWN OF PLATTSBURGH

52 A.D.3d 933 (2008)

859 N.Y.S.2d 756

APPLE VALLEY HYDRAULICS, Appellant, v. TOWN OF PLATTSBURGH, Respondent.

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

Decided June 5, 2008.

Mercure, J.P.

In 1987, defendant enacted a local law requiring the annual testing of all backflow prevention devices by either an employee of defendant's Water and Sewer Department or by a certified tester in the presence of a Department employee (see Local Law No. 2 [1987] of Town of Plattsburgh § 87-33 [F]). The stated purposes of the local law are compliance with the State Sanitary Code and the prevention...

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