Opinion
April 22, 1985
Appeal from the Supreme Court, Dutchess County (Palella, J.).
Judgment affirmed, with one bill of costs to respondents appearing separately and filing separate briefs, without prejudice to petitioner reapplying for a refund of taxes in the event that the Dutchess County Health Commissioner formally refuses to approve the connection of the Cranberry Hills Development to the Oakwood Knolls Sewage Treatment plant. ( See, Matter of DWS N.Y. Holdings v. County of Dutchess, 110 A.D.2d 837.) Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.