Park Ass'n of Greenwood Lake, Inc. v. Schleifer

Appeal (transferred to this court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Cowhey, J.), entered October 23, 1990 in Orange County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to close certain lakefront beaches in Orange County.

At issue in this CPLR article 78 proceeding, brought to compel respondent to exercise jurisdiction over beaches oper*951ated by petitioner on Greenwood Lake in Orange County, is whether the subject beaches constitute public bathing beaches subject to the…