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MATTER OF RAINBOW BEACH ASS'N, INC. v. NEW YORK STATE DEP'T OF HEALTH

187 A.D.2d 891 (1992)

In the Matter of Rainbow Beach Association, Inc., Petitioner, v. New York State Department of Health et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 25, 1992

Mercure, J.

Petitioner is a not-for-profit corporation organized as a homeowners association on real property in the Town of Bolton, Warren County, improved with a private bathing beach on Lake George utilized exclusively by petitioner's 41 members and their families and guests. In 1989, petitioner made application for and obtained a permit from respondent Department of Health (hereinafter DOH) to operate a bathing beach pursuant to part 6-2 of the State...

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