People v. Wechsler

Appellate Terms of the Supreme Court of New York

People v. Wechsler

79 Misc. 2d 103, 359 N.Y.S.2d 939, 1974 N.Y. Misc. LEXIS 1593

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1974

StatusPublished

Cited by7 cases

This text of 79 Misc. 2d 103 (People v. Wechsler) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Wechsler, 79 Misc. 2d 103, 359 N.Y.S.2d 939, 1974 N.Y. Misc. LEXIS 1593 (N.Y. Ct. App. 1974).

Pincite

Opinion

Memorandum. Judgments of conviction affirmed.

We concur with the conclusion of the trial court that the ordinance of the Town of North Hempstead regulating water [104]*104skiing within Hempstead Harbor constitutes a. valid exercise of the town’s police power (see Town Law, § 130, subds. 11, 15; see, also, Matter of Wulfsohn v. Burden, 241 N. Y. 288; 59 N. Y. Jur., Towns, §§ 126, 127), and is not rendered invalid because it had not been submitted to and approved by the Commissioner of Conservation (see Town Law, § 130, subd. 17, par. [2]). The jurisdiction conferred on the commissioner over the waterways of the State under section 30 of the Navigation Law does not extend to the tidewaters of Nassau and Suffolk Counties, by reason of the exclusionary language contained in subdivision 4 of section 2 of the same statute, which takes precedence over the provisions of former section 972 of the Conservation Law. In the absence of specific State legislation governing the conduct of water skiing on tidewaters bordering on and lying within the boundaries of Nassau County, local governments may properly enact ordinances to regulate this activity (see Trustees of Brookhaven v. Strong, 60 N. Y. 56; cf. Town Law, § 130, subd. 17).

Concur — Hogan, P. J., Farley and (xagliardi, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum. Judgments of conviction affirmed.

We concur with the conclusion of the trial court that the ordinance of the Town of North Hempstead regulating water [104]*104skiing within Hempstead Harbor constitutes a. valid exercise of the town’s police power (see Town Law, § 130, subds. 11, 15; see, also, Matter of Wulfsohn v. Burden, 241 N. Y. 288; 59 N. Y. Jur., Towns, §§ 126, 127), and is not rendered invalid because it had not been submitted to and approved by the Commissioner of Conservation (see Town Law, § 130, subd. 17, par. [2]). The jurisdiction conferred on the commissioner over the waterways of the State under section 30 of the Navigation Law does not extend to the tidewaters of Nassau and Suffolk Counties, by reason of the exclusionary language contained in subdivision 4 of section 2 of the same statute, which takes precedence over the provisions of former section 972 of the Conservation Law. In the absence of specific State legislation governing the conduct of water skiing on tidewaters bordering on and lying within the boundaries of Nassau County, local governments may properly enact ordinances to regulate this activity (see Trustees of Brookhaven v. Strong, 60 N. Y. 56; cf. Town Law, § 130, subd. 17).

Concur — Hogan, P. J., Farley and (xagliardi, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

79 Misc. 2d 103, 359 N.Y.S.2d 939, 1974 N.Y. Misc. LEXIS 1593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wechsler-nyappterm-1974.

Opinion

Related

Cite This Page — Counsel Stack