IN RE: REAGANS MILL SEWER COMPANY (2005)

In a proceeding pursuant to CPLR article 78 to review a determination of the Town Board of the Town of Dover dated September 9, 2003, which, after a hearing, granted the rate-increase petition only to the extent of granting a 1.24% rate increase for sewage treatment services, the petitioner appeals from so much of a judgment of the Supreme Court, Westchester County (Adler, J.), entered September 27, 2004, as denied the petition, confirmed the determination, and dismissed the proceeding.

ORDERED that the judgment is affirmed insofar as appealed from, with costs.

The determination of the respondent Town Board of the Town of Dover (hereinafter the Town Board) to partially grant the rate-increase petition by approving only a 1.24% rate increase for sewage treatment services, was rational and was not arbitrary and capricious (see Matter of Bennett Rd. Sewer Co. v. Town Bd. of Town of Camillus, 273 A.D.2d 902, 709 N.Y.S.2d 768;  Matter of Heritage Hills Sewage Works Corp. v. Town Bd. of Town of Somers, 245 A.D.2d 450, 666 N.Y.S.2d 648;  see also Matter of Fuhst v. Foley, 45 N.Y.2d 441, 444, 410 N.Y.S.2d 56, 382 N.E.2d 756;  Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 232, 356 N.Y.S.2d 833, 313 N.E.2d 321;  Matter of Pagnozzi v. Planning Bd. of Vil. of Piermont, 292 A.D.2d 613, 739 N.Y.S.2d 742).   The Town Board's determination provides for “fair, reasonable and adequate rates” (Transportation Corporation Law § 121) and, considered in its entirety, the determination is “just and reasonable” (Matter of Abrams v. Public Serv. Commn. of State of N.Y., 104 A.D.2d 135, 137, 483 N.Y.S.2d 785, affd. 67 N.Y.2d 205, 501 N.Y.S.2d 777, 492 N.E.2d 1193;  see Matter of Heritage Hills Sewage Works Corp. v. Town Bd. of Town of Somers, supra;  Matter of Kessel v. Public Serv. Commn. of State of N.Y., 123 A.D.2d 203, 511 N.Y.S.2d 441) because it ensures the petitioner's financial integrity and ability to attract capital (see Matter of Abrams v. Public Serv. Commn. of State of N.Y., supra at 137, 483 N.Y.S.2d 785;  see also Power Commn. v. Hope Gas Co., 320 U.S. 591, 64 S.Ct. 281, 88 L.Ed. 333).

The petitioner's remaining contentions are without merit.