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POKOIK v. HEALTH SERVS. DEPT.

72 N.Y.2d 708 (1988)

In the Matter of Lee Pokoik, Respondent, v. Department of Health Services, County of Suffolk, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 20, 1988.

Attorney(s) appearing for the Case

E. Thomas Boyle, County Attorney (Derrick J. Robinson of counsel), for the Department of Health Services, County of Suffolk, appellant.

Frank A. Isler for the Village of Ocean Beach, appellant.

Irving N. Selkin for respondent.

Barry L. Katz for Fire Island Association, Inc., amicus curiae.

Judges SIMONS, ALEXANDER and HANCOCK, JR., concur with Judge TITONE; Judge BELLACOSA dissents and votes to reverse in a separate opinion in which Chief Judge WACHTLER and Judge KAYE concur.

TITONE, J.

The Village of Ocean Beach, which is located on Fire Island, is a small community containing several publicly accessible beaches within its borders. Although access to the Village is limited because motor vehicles are not generally permitted, nonresidents, who may arrive by ferry or boat, often visit the Village's beaches. Aware that its beaches are used...

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