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MATTER OF RISING TIDE FUEL, LLC v. BAMBINO

2017-04899, Index No. 17407/15.

175 A.D.3d 1302 (2019)

109 N.Y.S.3d 461

2019 NY Slip Op 06498

In the Matter of Rising Tide Fuel, LLC, Appellant, v. Robert Bambino, in His Capacity as Fire Marshal of the Town of Babylon, Respondent.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Gerald V. Dandeneau , P.C., Melville, NY, for appellant.

Joseph Wilson , Town Attorney, Lindenhurst, NY ( Jerry C. Guarino of counsel), for respondent.

Chambers, J.P., Miller, LaSalle and Christopher, JJ., concur.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioner/plaintiff, Rising Tide Fuel, LLC (hereinafter the petitioner), is a business that provides mobile gasoline and diesel fueling, via tank truck, for boats and other watercraft at private homes and marinas. In 2009, the Fire Marshal of the Town of Babylon (hereinafter the town fire marshal) sought an opinion from the New York State...

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