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Breezy Point Cooperative, Inc. v. City of New York Department of Health
Citations: 260 A.D.2d 477; 688 N.Y.S.2d 571; 1999 N.Y. App. Div. LEXIS 3866
Court: Appellate Division of the Supreme Court of the State of New York; April 12, 1999; New York; State Appellate Court
In a CPLR article 78 proceeding, the petitioner, a cooperative housing corporation on the Rockaway Peninsula, appealed a judgment from the Supreme Court, Queens County, which denied their petition against the City of New York Department of Health's determination requiring compliance with the New York City Health Code article 167 for their private beaches. The petitioner contended that the New York State Sanitary Code exempts cooperative-owned beaches from state regulation, except in Nassau County, and argued that this exemption extended to municipal regulation. However, the New York City Health Code clearly states that its exemption applies only to "bathing beaches used by one family on private property for noncommercial purposes." The Supreme Court found that the Public Health Law does not preempt local governments from regulating private beaches. It ruled that the City’s requirement for compliance with local health regulations is consistent with state law, which allows local regulations to be more stringent than state minimums. The judgment was affirmed, with costs, and all justices concurred.