New York Court of Appeals
In the Matter of Lakeland Water District v. Onondaga County Water Authority, Appellant In the Matter of Village of…
April 16, 196924 N.Y.2d 400
Summary
The Court of Appeals held that the New York Supreme Court has jurisdiction over the article 78 proceeding against the Onondaga County Water Authority, but that such a proceeding is improper to review the Authority's rate increase because the rate‑making is a legislative act. The Court allowed the proceeding to be treated as a declaratory judgment action under CPLR 103(c), affirmed the order permitting examination of the Authority's records, and reversed the order granting a hearing as premature.