NIAGARA MOHAWK POWER CORPORATION v. TOWN OF WATERTOWN (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of NIAGARA MOHAWK POWER CORPORATION, Petitioner-Appellant, v. TOWN OF WATERTOWN, Town of Watertown Assessor or Board of Assessors, Respondents-Respondents.

Decided: November 19, 2004

PRESENT: PIGOTT, JR., P.J., PINE, SCUDDER, KEHOE, AND LAWTON, JJ.

Hiscock & Barclay, LLP, Albany (Mark D. Lansing of Counsel), for Petitioner-Appellant. Menter, Rudin & Trivelpiece, P.C., Syracuse (Julian B. Modesti of Counsel), for Respondents-Respondents.

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 A.D.2d 917, 919-920, 674 N.Y.S.2d 830, lv. dismissed in part and denied in part 92 N.Y.2d 943, 681 N.Y.S.2d 471, 704 N.E.2d 224).

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

MEMORANDUM:

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