Majority
p. 255The People of the State of New York, Respondent, v Texaco, Inc., Appellant. Supreme Court, Appellate Term, Second Department, January 16, 1976
Gehrig, Ritter, Coffey, McHale & McBride (John F. Coffey of counsel), for appellant. Denis Dillon, District Attorney (Martin I. Saperstein and Andrew C. Morganstern of counsel), for respondent.
Judgment of conviction affirmed. On this prosecution of defendant for violating article III, section 3.4 (subd [d], par IV) of the Nassau County Fire Prevention Ordinance (spill containment protection), defendant’s guilt has been proved beyond a reasonable doubt. Moreover, it is our opinion that the County of Nassau is authorized to regulate the tidewaters bordering on and lying within its boundaries (see Navigation Law, § 2, subd 4; People v Wechsler, 79 Misc 2d 103 ), and defendant has failed to establish that the ordinance in question is unreasonable (Goldblatt v Hempstead, 369 US 590 ).
p. 256
Concur: Glickman, P. J., Pittoni and Gagliardi, JJ.
Cases cited
- People v. Wechsler 79 Misc 2d 103 p. 255
- Goldblatt v. Town of Hempstead 369 US 590 p. 255