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In the Matter of Prometheus Realty Corp., et al., Respondents,v.New York City Water Board, et al., Appellants.

Brief

28 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,556 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. Ever-Ready v. Union Carbide Corp.

    429 U.S. 830 (1976)   Cited 243 times
    Approving what is now known as the "Eveready " test

  3. Watergate v. Buffalo Sewer

    46 N.Y.2d 52 (N.Y. 1978)   Cited 672 times
    Holding that "one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate in a court of law"

  4. Matter 125 Bar Corp. v. State Liq. Auth

    24 N.Y.2d 174 (N.Y. 1969)   Cited 129 times
    In Matter of 125 Bar Corp. v. State Liq. Auth. (24 N.Y.2d 174, 180) the court said: "Since this article 78 proceeding was a review of an administrative determination not resting on a hearing mandated by law, Special Term should have determined the matter."

  5. Natural Res. Def. Council, Inc. v. N.Y. State Dep't of Envtl. Conservation

    2015 N.Y. Slip Op. 3766 (N.Y. 2015)   Cited 12 times

    No. 48 05-05-2015 In the Matter of NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent. Lawrence M. Levine and Rebecca J. Hammer, Natural Resources Defense Council, Inc., New York City, and Super Law Group, LLC, New York City (Reed W. Super of counsel), for appellants. Eric T. Schneiderman, Attorney General, New York City (Barbara D. Underwood, Steven C. Wu and Bethany A. Davis Noll of counsel), for respondent. Daniel

  6. Westmoreland Apt. v. N.Y. City Water Board

    294 A.D.2d 587 (N.Y. App. Div. 2002)   Cited 23 times

    01-01684 Argued March 8, 2002 May 28, 2002. In a proceeding pursuant to CPLR article 78 to review a determination of the New York City Water Board, dated December 2, 1998, which upheld a decision of the City of New York Department of Environmental Protection, that water and sewer charges assessed against the petitioner's property had a rational basis, the petitioner appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), dated July 5, 2000, which denied the petition and dismissed

  7. Abrams v. Public Serv Commn

    67 N.Y.2d 205 (N.Y. 1986)   Cited 44 times
    Construing Public Service Law § 72

  8. In re Hawaii Electric Light Co.

    60 Haw. 625 (Haw. 1979)   Cited 54 times
    Explaining that the purpose of this statutory requirement is "to assure reasoned decision making by the agency and enable judicial review of agency decisions"

  9. In re N.Y. Telephone Company v. Public Service Comm

    95 N.Y.2d 40 (N.Y. 2000)   Cited 23 times
    Holding PSC could direct New York Telephone to pass on to ratepayers the intrastate portion of its profit from the sale of an asset partially funded by ratepayers

  10. Giuliani v. Hevesi

    90 N.Y.2d 27 (N.Y. 1997)   Cited 23 times

    Argued February 4, 1997; Decided March 20, 1997 Appeal from Supreme Court (Jane S. Solomon, J.). Paul A. Crotty, Corporation Counsel of New York City ( Kristin M. Helmers and Timothy J. O'Shaughnessy of counsel), Richard M. Weinberg and Gail Zweig for appellants in the first above-entitled action. Cleary, Gottlieb, Steen Hamilton, New York City ( Evan A. Davis, Joseph H. Saunders and Sian Provost of counsel), and Eric Lane, Hempstead, for respondent in the first above entitled action. Rosner Bresler

  11. Section 1045-G - General powers of the water board

    N.Y. Pub. Auth. Law § 1045-G   Cited 29 times

    Except as otherwise limited by this title, the water board shall have power: 1. To sue and be sued; 2. To have a seal and alter the same at pleasure; 3. To make and amend by-laws for its organization and internal management, and rules and regulations governing the exercise of its powers and duties and the fulfillment of its purposes under this title; 4. To establish, fix, revise, charge and collect and enforce the payment of all fees, rates, rents and other service charges for the use of, or services

  12. Section 1045-J - Imposition and disposition of sewer and water fees, rates, rents or charges

    N.Y. Pub. Auth. Law § 1045-J   Cited 28 times
    Allowing the Water Board to “accept credit cards as a means of payment of fees, rates, rent or other charges,” and to impose “a reasonable administrative service fee not to exceed the costs incurred by the water board in connection with such credit card transaction.”

  13. Section 37 - Deferred payment agreements

    N.Y. Pub. Serv. Law § 37

    1. No utility corporation or municipality shall terminate or refuse to take all actions within such corporation or municipality's control and, where applicable, consistent with the provisions of the agreement for commodity service, if any, between the corporation and the customer, provided such provisions are consistent with this article, to restore service to a residential customer, because of arrears owed the utility corporation or municipality, unless the utility or municipality offers such customer

  14. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  15. Section 10085.12 - Water rates, bills and payment

    N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.12

    (a) Rates to be sufficient. Water rates of the water board shall be fixed at all times so as to produce a revenue sufficient, after the payment of direct and indirect expenses of maintenance and operation, to pay the principal and interest maturities of the bonds issued for the water system and to enable the water board and water system to be placed on a self-sustaining basis at all times in accordance with the Water Board Act. (b) Payment invoice and due date. All premises, owners, users and other