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CITY OF SYRACUSE v. HUEBER

52 A.D.2d 341 (1976)

City of Syracuse, Respondent, v. J. Murray Hueber et al., Constituting The Board of Appeal of Building Code of the City of Syracuse, Respondents, and Wilmorite, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 28, 1976

Attorney(s) appearing for the Case

Mackenzie, Smith, Lewis, Michell & Hughes (Dennis Baldwin of counsel), for appellants.

Edward P. Kearse, Corporation Counsel (David Garber and Eleanor Theodore of counsel), for City of Syracuse, respondent.

SIMONS, MAHONEY, DILLON and WITMER, JJ., concur.

MOULE, J. P.

The question presented on this appeal is whether under the Syracuse Building Code, the construction of six additional stories onto an existing building constitutes "new construction" thereby engendering a building permit fee of $2,040 or whether it should be treated as an "addition" for which the appropriate fee would be $9,017.

Respondent, Syrtel Building Inc. (Syrtel), is the owner of certain...

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