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IN RE PROMETHEUS REALTY CORP., ET AL., pet-res, v. THE NEW YORK CITY WATER BOARD Respondents-ap

1805. IN RE PROMETHEUS REALTY CORP., ET AL., pet-res, v. THE NEW YORK CITY WATER BOARD Respondents-ap — Zachary W. Carter, Corporation Counsel, New York (Michael Pastor of counsel), for ap — Herrick Feinstein LLP, New York (Michael Berengarten, Kevin Fullington and Jared D. Newman of counsel), for res — Judgment (denominated an order), Supreme Court, New York County (Carol R. Edmead, J.), entered June 21, 2016, annulling and vacating respondents' resolutions approving a 2.1 percent increase to the water rates for fiscal year 2017 and a one-time credit of $183 for a class of ratepayers, affirmed, without costs.

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1805. IN RE PROMETHEUS REALTY CORP., ET AL., pet-res, v. THE NEW YORK CITY WATER BOARD Respondents-ap — Zachary W. Carter, Corporation Counsel, New York (Michael Pastor of counsel), for ap — Herrick Feinstein LLP, New York (Michael Berengarten, Kevin Fullington and Jared D. Newman of counsel), for res — Judgment (denominated an order), Supreme Court, New York County (Carol R. Edmead, J.), entered June 21, 2016, annulling and vacating respondents’ resolutions approving a 2.1 percent increase to the water rates for fiscal year 2017 and a one-time credit of $183 for a class of ratepayers, affirmed, without costs.

In this article 78 proceeding, respondents New York City Water Board (Water Board) and the New York City Department of Environmental Protection (DEP) appeal from a judgment granting the petition to annul and vacate the Water Board’s resolution approving a 2.1 percent increase to the water rates for Fiscal Year 2017 along with a one-time $183 credit to “Class 1″ property owners of one, two, and three-family homes. Petitioners contend that the Water Board’s actions are ultra vires, but even if they are not, the rate increase adopted and credit issued to some, but not all, of its customers are without a rational basis and, therefore arbitrary.

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