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MATTER OF MILFORD MGT. v. NEW YORK CITY WATER BD.

10739, 161132/17.

179 A.D.3d 432 (2020)

118 N.Y.S.3d 70

2020 NY Slip Op 00072

In the Matter of Milford Management, Appellant, v. New York City Water Board et al., Respondents.

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

Decided January 7, 2020.

The Water and Wastewater Rate Schedule promulgated by the Water Board, and administered by respondent New York City Department of Environmental Protection (DEP), neither violates a duty enjoined on respondents by law nor was promulgated in excess of jurisdiction, and instead complies with applicable law (CPLR 7803[1], [2]). The Rate Schedule generally charges for use of the sewer system based on consumption of water (General Municipal Law § 451[1]; see Public...

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