Wading River Fire District v. Suffolk County Department of Health

Appellate Division of the Supreme Court of New York

Wading River Fire District v. Suffolk County Department of Health

171 A.D.2d 750, 567 N.Y.S.2d 307, 1991 N.Y. App. Div. LEXIS 3346

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1991

StatusPublished

This text of 171 A.D.2d 750 (Wading River Fire District v. Suffolk County Department of Health) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wading River Fire District v. Suffolk County Department of Health, 171 A.D.2d 750, 567 N.Y.S.2d 307, 1991 N.Y. App. Div. LEXIS 3346 (N.Y. Ct. App. 1991).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the Suffolk County Department of Health Board of Review, dated January 10, 1989, which denied the petitioner’s application for a variance, the Suffolk County Department of Health appeals from a judgment of the Supreme Court, Suffolk County (Rohl, J.), dated September 8, 1989, which granted the petition and annulled the determination.

Ordered that the judgment is affirmed, with costs.

The determination of the Suffolk County Department of Health Board of Review requiring the petitioner Wading River Fire District to abandon the use of its existing floor drain system is without basis on the record presented here. The record contains no evidence establishing that any possible de minimus oil drip which might fall from a fire truck into the firehouse floor water drain system constitutes toxic or hazardous material within the contemplation of Suffolk County Sanitary Code article 12. Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the Suffolk County Department of Health Board of Review, dated January 10, 1989, which denied the petitioner’s application for a variance, the Suffolk County Department of Health appeals from a judgment of the Supreme Court, Suffolk County (Rohl, J.), dated September 8, 1989, which granted the petition and annulled the determination.

Ordered that the judgment is affirmed, with costs.

The determination of the Suffolk County Department of Health Board of Review requiring the petitioner Wading River Fire District to abandon the use of its existing floor drain system is without basis on the record presented here. The record contains no evidence establishing that any possible de minimus oil drip which might fall from a fire truck into the firehouse floor water drain system constitutes toxic or hazardous material within the contemplation of Suffolk County Sanitary Code article 12. Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

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Bluebook (online)

171 A.D.2d 750, 567 N.Y.S.2d 307, 1991 N.Y. App. Div. LEXIS 3346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wading-river-fire-district-v-suffolk-county-department-of-health-nyappdiv-1991.