Parkash v. New York City Water Board

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*291Respondent’s determination was neither arbitrary, capricious, nor a violation of law (see Haav 575 Realty Corp. v New York City Water Bd., 38 AD3d 481 [2007]). To the extent that the decision of the Appellate Division, Second Department, in Matter of Pistilli Assoc. III, LLC v New York City Water Bd. (46 AD3d 905 [2007]) calls for a different result, we disagree. Concur— Andrias, J.E, Saxe, Sweeny, Catterson and Moskowitz, JJ.