¶1Judgment unanimously affirmed without costs. Memorandum: Respondents’ determination that the public interest would not be served by the extension of the Town of Kirkland Consolidated Sewer District (see, Town Law § 194 [1] [d]) is supported by substantial evidence and is not arbitrary and capricious. Further, as Supreme Court found, petitioner failed to give an undertaking at the time he applied for review of respondents’ determination (see, Town Law § 195 [2]). The petition, therefore, was properly dismissed. (Appeal from Judgment of Supreme Court, Oneida County, Parker, J. —Article 78.) Present—Green, J. P., Balio, Lawton, Wesley and Boehm, JJ.
206 A.D.2d 829
Deep v. Karin
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 1994
Appellate Division of the Supreme Court of the State of New York · decided 1994-07-15
Cited by 1 later decisions — most recently December 2001
Good law ✅— No negative treatment on recordhow we know
Decided 1994-07-15
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