Niagara Mohawk Power Corp. v. Town of Watertown

Appellate Division of the Supreme Court of New York

Niagara Mohawk Power Corp. v. Town of Watertown

12 A.D.3d 1188, 785 N.Y.S.2d 254, 2004 N.Y. App. Div. LEXIS 13894

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

DecidedNovember 19, 2004

StatusPublished

Cited by1 cases

This text of 12 A.D.3d 1188 (Niagara Mohawk Power Corp. v. Town of Watertown) 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.

Bluebook

Niagara Mohawk Power Corp. v. Town of Watertown, 12 A.D.3d 1188, 785 N.Y.S.2d 254, 2004 N.Y. App. Div. LEXIS 13894 (N.Y. Ct. App. 2004).

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Opinion

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered December 4, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted respondents’ motion to dismiss the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner challenges the determination of the Town Board of the Town of Watertown that petitioner’s properties benefitted from the services to be provided by the Town’s sewer districts and consequently were to be included within those sewer districts. Supreme Court properly concluded that any such challenge was required to be made within 30 days of the creation of those districts, as provided by Town Law § 195 (2). The newest of the sewer districts at issue was created in October 1997 and has included petitioner’s properties since that time, which is more than five years prior to the commencement of this proceeding. The court thus properly granted respondents’ motion seeking dismissal of the petition as time-barred (see id.; Herzog v Town of Thompson, 251 AD2d 917, 919-920 [1998], lv dismissed in part and denied in part 92 NY2d 943 [1998]). Present—Pigott, Jr., PJ., Pine, Scudder, Kehoe and Lawton, JJ.

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Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered December 4, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted respondents’ motion to dismiss the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner challenges the determination of the Town Board of the Town of Watertown that petitioner’s properties benefitted from the services to be provided by the Town’s sewer districts and consequently were to be included within those sewer districts. Supreme Court properly concluded that any such challenge was required to be made within 30 days of the creation of those districts, as provided by Town Law § 195 (2). The newest of the sewer districts at issue was created in October 1997 and has included petitioner’s properties since that time, which is more than five years prior to the commencement of this proceeding. The court thus properly granted respondents’ motion seeking dismissal of the petition as time-barred (see id.; Herzog v Town of Thompson, 251 AD2d 917, 919-920 [1998], lv dismissed in part and denied in part 92 NY2d 943 [1998]). Present—Pigott, Jr., PJ., Pine, Scudder, Kehoe and Lawton, JJ.

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Bluebook (online)

12 A.D.3d 1188, 785 N.Y.S.2d 254, 2004 N.Y. App. Div. LEXIS 13894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niagara-mohawk-power-corp-v-town-of-watertown-nyappdiv-2004.

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