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MATTER OF BREEZY POINT COOPERATIVE, INC. v. CITY OF NEW YORK DEPARTMENT OF HEALTH

260 A.D.2d 477 (1999)

688 N.Y.S.2d 571

In the Matter of BREEZY POINT COOPERATIVE, INC., Appellant, v. CITY OF NEW YORK DEPARTMENT OF HEALTH et al., Respondents.

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

Decided April 12, 1999.

Ordered that the judgment is affirmed, with costs.

The petitioner, a cooperative housing corporation located on the Rockaway Peninsula in Queens, owns two private beach areas which are used only by the cooperative home owners and their invitees. The petitioner argues that because the New York State Sanitary Code exempts from State regulation all cooperative-owned beaches except those in Nassau County (10 NYCRR 6-2.3 [a...

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