Opinion
April 3, 1987
Appeal from the Supreme Court, Erie County, Fudeman, J.
Present — Dillon, P.J., Boomer, Green, Balio and Lawton, JJ.
Judgment unanimously affirmed with costs. Memorandum: We agree with Special Term that the $65,100 sewer connection charge imposed by the County Sewer District is not authorized by County Law § 266. That section authorizes charges "for the collection, treatment and disposal of sewage", which are in the nature of "user charges" (see, Young Men's Christian Assn. v Rochester Pure Waters Dist., 37 N.Y.2d 371, 377) similar to "rate schedules for water sold" and "sewer rents" (County Law § 266). The section contemplates periodic charges for services actually used, not a lump-sum charge for anticipated use.