Opinion
No. 4792.
December 11, 2008.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered January 25, 2007, which denied petitioner's application to annul respondent Water Board's determination calculating petitioner's wastewater charge based on 159% of petitioner's water charge, including a surcharge for having failed to timely install a water meter, and dismissed the petition, unanimously affirmed, without costs.
Goldberg Bokor, LLP, Long Beach (Scott Goldberg of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for respondents.
Before: Andrias, J.P., Saxe, Sweeny, Catterson and Moskowitz, JJ.
Respondent's determination was neither arbitrary, capricious, nor a violation of law ( see Haav 575 Realty Corp. v New York City Water Bd., 38 AD3d 481). To the extent that the decision of the Appellate Division, Second Department, in Matter of Pistilli Assoc. Ill, LLC v New York City Water Bd. ( 46 AD3d 905) calls for a different result, we disagree.