Opinion
2016–13245 Index No. 13199/15
06-27-2018
In the Matter of Dane SNAGGS, appellant, v. NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP), et al., respondents.
Harvey A. Herbert, Brooklyn, NY, for appellant. Zachary W. Carter, Corporation Counsel, New York, NY (Devin Slack, Claude S. Platton, and Dona B. Morris of counsel), for respondents
Harvey A. Herbert, Brooklyn, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Devin Slack, Claude S. Platton, and Dona B. Morris of counsel), for respondents
MARK C. DILLON, J.P., HECTOR D. LASALLE, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Water Board dated September 9, 2015, which confirmed a determination of the New York City Department of Environmental Protection dated December 2, 2014, denying an application to reduce certain water and wastewater charges, the petitioner appeals from a judgment of the Supreme Court, Kings County (Bernard J. Graham, J.), dated November 10, 2016. The judgment denied the petition and dismissed the proceeding.
ORDERED that the judgment is affirmed, with costs.
We agree with the Supreme Court's determination denying the petition and dismissing the proceeding, since the determination of the New York City Water Board was not arbitrary and capricious, did not deny the petitioner due process, and was supported by the record (see Matter of Citylights at Queens Landing, Inc. v. New York City Dept. of Envtl. Protection, 62 A.D.3d 871, 878 N.Y.S.2d 896 ; Matter of Hermany Farms v. Chapin, 287 A.D.2d 565, 731 N.Y.S.2d 663 ; Matter of 333 E. 89 Realty v. New York City Water Bd., 272 A.D.2d 549, 708 N.Y.S.2d 155 ; cf. Matter of Westmoreland Apt. Corp. v. New York City Water Bd., 294 A.D.2d 587, 588, 742 N.Y.S.2d 892 ).
DILLON, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.