Matter of Parkash v New York City Water Bd. (2008 NY Slip Op 09711)

Matter of Parkash v New York City Water Bd.

2008 NY Slip Op 09711 [57 AD3d 290]

December 11, 2008

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 11, 2009

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

—[*1] 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.

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.

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 [2007]). To the extent that the decision of the Appellate Division, Second Department, in Matter of Pistilli Assoc. III, LLC v New York City Water Bd. (46 AD3d 905 [2007]) calls for a different result, we disagree. Concur—Andrias, J.P., Saxe, Sweeny, Catterson and Moskowitz, JJ.