Pokoik v. Department of Health Services

In a hybrid proceeding pursuant to CPLR article 78 in the nature of mandamus to compel compliance with Public Health Law § 1340 (2) (a) and an action for a judgment declaring, inter alia, that a purported waiver of compliance with Public Health Law § 1340 (2) (a) issued by the Department of Health Services, County of Suffolk, and that Local Laws, 1990, No. 1 of the Village of Ocean Beach are illegal, (1) the Village of Ocean Beach appeals, (a) as limited by its brief, from so much of an order and judgment (one paper) of the Supreme Court, Suffolk County (Oshrin, J.), dated December 22, 1995,…