Pokoik v. Department of Health Services

—In a hybrid proceeding and action pursuant to CPLR article 78 and for a judgment declaring, inter alia, the legality of a purported waiver of compliance with Public Health Law § 1340 (2) (a) and the legality of Local Laws, 1990, No. 1 of the Village of Ocean Beach, the petitioner appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Oshrin, J.), dated January 27, 1993, as denied his motion for partial summary judgment.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and…