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MATTER OF RISING TIDE FUEL, LLC v. NASSAU COUNTY FIRE COMMN.

2017-09336, Index No. 6017/16.

175 A.D.3d 1305 (2019)

105 N.Y.S.3d 907

2019 NY Slip Op 06499

In the Matter of Rising Tide Fuel, LLC, Appellant, v. Nassau County Fire Commission et al., Respondents.

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.

Jared A. Kasschau , County Attorney, Mineola, NY ( Adam M. Moss and Robert F. Van der Waag of counsel), for respondents.

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. On August 6, 2015, the Nassau County Fire Marshal and the Nassau County Fire Commission (hereinafter together the county fire marshal) directed the petitioner to cease its operations...

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