Matter of Rising Tide Fuel, LLC v Nassau County Fire Commn.

Summary

The Appellate Division, Second Department, affirmed a judgment denying Rising Tide Fuel, LLC's CPLR article 78 petition and dismissing its proceeding challenging a determination by the Nassau County Fire Commission and Fire Marshal. The court upheld the determination that the company's mobile marine fueling operations violated section 2210.4 of the New York State Fire Code and relied on its contemporaneous decision in Matter of Rising Tide Fuel, LLC v Bambino.

Holdings

1. The judgment denying review of the county fire authorities' determination and dismissing the CPLR article 78 proceeding was properly affirmed because the mobile marine-fueling operations violated New York State Fire Code § 2210.4.
2. The county fire authorities' conclusion that Rising Tide Fuel could not meet the requirements of NYSFC § 3406.5.4.1 was not arbitrary and capricious.

Questions Presented

1. Whether the county fire authorities properly determined that Rising Tide Fuel's mobile marine-fueling operations violated New York State Fire Code § 2210.4.
2. Whether the county fire authorities' conclusion that Rising Tide Fuel could not satisfy the requirements of New York State Fire Code § 3406.5.4.1 was arbitrary and capricious.

Disposition

affirmed