Opinion
July 12, 1989
Appeal from the Supreme Court, Erie County, Ostrowski, J.
Present — Dillon, P.J., Callahan, Balio, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Applying a "balancing of public interests" approach (see, Matter of County of Monroe [City of Rochester], 72 N.Y.2d 338), we conclude that the Town of Grand Island was immune from its own zoning regulations when it installed floodlights at tennis courts and at a softball diamond situated in a town park. Accordingly, Special Term properly granted defendants' motion for summary judgment dismissing plaintiffs' first and second causes of action.