Hermany Farms, Inc. v. Chapin

Appellate Division of the Supreme Court of New York

Hermany Farms, Inc. v. Chapin

287 A.D.2d 565, 731 N.Y.S.2d 663, 2001 N.Y. App. Div. LEXIS 9544

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 2001

StatusPublished

Cited by2 cases

This text of 287 A.D.2d 565 (Hermany Farms, Inc. v. Chapin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hermany Farms, Inc. v. Chapin, 287 A.D.2d 565, 731 N.Y.S.2d 663, 2001 N.Y. App. Div. LEXIS 9544 (N.Y. Ct. App. 2001).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of [566]*566the respondent Diana Chapin, as Executive Director of the New York City Water Board, dated April 24, 2000, which confirmed a finding of the respondent Lawrence Schatt, as Deputy Commissioner of the New York City Department of Environmental Protection, that the petitioner had an outstanding balance of $103,175.66 in water and sewer charges, and that there was no accord and satisfaction reducing the amount due, the petitioner appeals from a judgment of the Supreme Court, Queens County (Thomas, J.), dated January 8, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the petition and dismissed the proceeding, since the determination under review was neither arbitrary and capricious nor contrary to law (see, Matter of 333 E. 89 Realty v New York City Water Bd., 272 AD2d 549, 550; Rox Riv 83 Partners v Ettinger, 240 AD2d 389, 390). Krausman, J. P., S. Miller, Schmidt and Crane, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of [566]*566the respondent Diana Chapin, as Executive Director of the New York City Water Board, dated April 24, 2000, which confirmed a finding of the respondent Lawrence Schatt, as Deputy Commissioner of the New York City Department of Environmental Protection, that the petitioner had an outstanding balance of $103,175.66 in water and sewer charges, and that there was no accord and satisfaction reducing the amount due, the petitioner appeals from a judgment of the Supreme Court, Queens County (Thomas, J.), dated January 8, 2001, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly denied the petition and dismissed the proceeding, since the determination under review was neither arbitrary and capricious nor contrary to law (see, Matter of 333 E. 89 Realty v New York City Water Bd., 272 AD2d 549, 550; Rox Riv 83 Partners v Ettinger, 240 AD2d 389, 390). Krausman, J. P., S. Miller, Schmidt and Crane, JJ., concur.

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287 A.D.2d 565, 731 N.Y.S.2d 663, 2001 N.Y. App. Div. LEXIS 9544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hermany-farms-inc-v-chapin-nyappdiv-2001.

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