Pokoik v. Department of Health Services

Because I believe the Village’s public beaches are not and were not intended to be "bathing establishments” within the words or purview of this regulatory provision (Public Health Law § 1340), I dissent and vote to reverse the order of the Appellate Division and reinstate the judgment of the Supreme Court dismissing the petition.

The Village of Ocean Beach — part of Fire Island, Suffolk County — is a small residential community bordered on the south by the Atlantic Ocean and on the north by the Great South Bay. The Village, within the Federally protected Fire Island National Seashore (16 USC §…