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MATTER OF MALIN v. ALBANY UNIF. CODE BD. OF REVIEW

224 A.D.2d 816 (1996)

637 N.Y.S.2d 531

In the Matter of Donald F. Malin, Jr., Appellant, v. Albany Uniform Code Board of Review, Respondent

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

February 15, 1996

Mikoll, J. P.

In May 1992, petitioner was cited for failing to have an enclosure around his swimming pool as required by the State Uniform Fire Prevention and Building Code (hereinafter the Code) (see, 9 NYCRR 720.1). Thereafter, in July 1993, petitioner filed an application for a variance based on his claims that the enclosure requirement would constitute an excessive and unreasonable economic burden...

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