Upon remittitur from the Court of Appeals, determination unanimously confirmed without costs and petition dismissed.
Memorandum:
In a prior appeal, a majority of this court held that a regulation requiring an enclosure of at least four feet in height around residential outdoor swimming pools (9 NYCRR 1243.7 [f]) was unauthorized and inapplicable to petitioner's swimming pool which he constructed in 1982 (Matter of Town of Aurora v Tarquini,
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