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FIRST COLONIE CO. v. LYONS

74 A.D.2d 696 (1980)

First Colonie Company, Appellant, v. John J. A. Lyons, as Commissioner of The Albany County Department of Health, et al., Respondents

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

February 21, 1980

Plaintiff is the owner of the Americana Inn located in the Town of Colonie. Plans and specifications for an unfenced indoor swimming pool were approved on June 17, 1973 by defendant Albany County Department of Health. Defendant thereafter advised plaintiff that section 6.16 of the State Sanitary Code would require the pool to be fenced. In this action for a declaratory judgment, plaintiff, inter alia, seeks to have certain...

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