Opn. No.

Hon. Joseph A. Guarino Town Attorney, North Hempstead

This is in response to the letter of Deputy Town Attorney Howard M. Sinnott II wherein he states that the Town of North Hempstead, Nassau County, is contemplating the establishment of a harbor improvement district within its boundaries. He points to section 190 of the Town Law as authorizing a town to establish, by petition, a harbor improvement district if such town borders on or contains "any navigable waters of this state." Reference is also made to section 2 (4) of the Navigation Law which excludes "all tidewaters bordering on and lying…