IN RE: ROCHDALE VILLAGE (2005)

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

IN RE: ROCHDALE VILLAGE, INC., respondent, v. NEW YORK CITY WATER BOARD, appellant.

Decided: May 16, 2005

THOMAS A. ADAMS, J.P., DAVID S. RITTER, WILLIAM F. MASTRO, and REINALDO E. RIVERA, JJ.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow, Louise Moed, and John Hogrogian of counsel), for appellant. Lawrence J. Berger, P.C., New York, N.Y. (Steven E. Resnick of counsel), for respondent.

In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Water Board, dated January 6, 2003, the New York City Water Board appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Queens County (Taylor, J.), dated January 8, 2004, as granted the petition to the extent of directing it to provide the petitioner with the standard wastewater allowance for the period May 13, 1996, through June 30, 1998.

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

The appellant interprets the applicable Rate Schedules as requiring the submission of an application for the standard wastewater allowance for the period May 13, 1996, through June 30, 1998. We agree with the Supreme Court that the appellant's interpretation was irrational and unreasonable (see Johnson v. Joy, 48 N.Y.2d 689, 691, 422 N.Y.S.2d 56, 397 N.E.2d 746; Astoria Gas Turbine Power v. Tax Comm. of the City of New York, 14 A.D.3d 553, 788 N.Y.S.2d 417). Thus, the Supreme Court properly granted the petition to the extent of directing the appellant to provide the petitioner with the standard wastewater allowance for the period May 13, 1996, through June 30, 1998.

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