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JARMOLOWSKI v. STATE

23 A.D.3d 786 (2005)

803 N.Y.S.2d 761

STANISLAW JARMOLOWSKI, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 101390.)

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

November 10, 2005.

Mugglin, J.

Pursuant to a permit issued by the Lake George Park Commission, O'Sullivan's Motel constructed a commercial dock which extends 80 feet into the waters of Lake George, the bed of which is owned by defendant. The Department of Health is required to annually inspect the motel's premises for compliance with the State Sanitary Code. Because the water was no more than three feet deep at the end of the dock, O'Sullivan's Motel painted "No Diving" warnings on...

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