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CITY OF SYRACUSE v. HUEBER

79 Misc.2d 154 (1974)

City of Syracuse, Petitioner, v. J. Murray Hueber et al., Constituting the Board of Appeal of the Building Code of the City of Syracuse, et al., Respondents.

Supreme Court, Onondaga County.

August 23, 1974

Attorney(s) appearing for the Case

Edward P. Kearse, Corporation Counsel (Eleanor Theodore of counsel), for petitioner. Mackenzie, Smith, Lewis, Michell & Hughes (Dennis R. Baldwin of counsel), for Wilmorite, Inc., and another, respondents. Hancock, Estabrook, Ryan, Shove & Hust (William L. Allen, Jr., of counsel), for Board of Appeal, respondent.

EDWARD F. CRAWFORD, J.

This special proceeding in the nature of certiorari pursuant to CPLR article 78 was brought by the City of Syracuse to review a determination made by petitioner's Board of Appeal of the Building Code of the City of Syracuse. Petitioner urges that the respondent board erred as a matter of law in reversing a determination made by the Superintendent of the petitioner's Bureau of Safety Inspection...

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