AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

In the Matter of 38 PARK AVENUE ASSOCIATION, LLC, et al., Appellants, v. DAVID B. TWEEDY et al., Respondents.

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings and a new determination in accordance herewith.

We find it appropriate to remit this matter to the Supreme Court, Queens County, for further proceedings and a new determination to consider whether the rate schedule as amended by a resolution of the New York City Water Board dated March 4, 2005, was reasonable and complied with due process requirements, or was arbitrary, capricious, or an abuse of discretion and failed to comply therewith ( see CPLR 7803; see Brothers v Florence, 95 NY2d 290, 301; Matter of Amalgamated Warbasse Houses, Inc. v Tweedy, 33 AD3d 794 [decided herewith]).

Use AI to get other relevant cases.

Comments

IN RE 38 PARK AVE. ASS. v. TWEEDY
(Oct 17, 2006)