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IN THE MATTER of 770 OWNERS CORP. v. NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION

20 A.D.3d 572 (2005)

799 N.Y.S.2d 263

In the Matter of 770 OWNERS CORP./ALLSTATE REALTY ASSOCIATES, Respondent, v. CITY OF NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION et al., Appellants.

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

July 25, 2005.

Ordered that the judgment is affirmed, with costs.

The respondent City of New York Department of Environmental Protection (hereinafter the DEP) announced certain guidelines to enable customers without water meters to avoid the imposition of a surcharge for their failure to have one installed (see Matter of 77 Realty, LLC v New York City Water Bd., 16 A.D.3d 247 [2005]), by exercising one of two options by June 30, 2000. The...

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