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TARQUINI v. TOWN OF AURORA

77 N.Y.2d 354 (1991)

In the Matter of Anthony Tarquini, Respondent, v. Town of Aurora, Respondent, and Buffalo/Rochester Uniform Code Board of Review, Appellant. In the Matter of Town of Aurora, Respondent, v. Anthony Tarquini et al., Respondents. Buffalo/Rochester Uniform Code Board of Review, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1991.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Lisa Joy Robertson, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

John A. Collins for Anthony Tarquini, respondent.

Frederick J. Marshall for Town of Aurora, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

This appeal involves the validity and applicability of a State Uniform Fire Prevention and Building Code (Code) provision requiring an enclosure of at least four feet in height around residential outdoor swimming pools (9 NYCRR 1243.7 [f]).1 There are two questions: (1) whether the State Fire Prevention and Building Code Council has the authority to promulgate the...

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