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RABINOR v. ITHACA BLDG. CODE

252 A.D.2d 290 (1998)

682 N.Y.S.2d 704

In the Matter of Arnold Rabinor et al., Respondents, v. City of Ithaca Building Code Board of Appeals, Appellant

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

December 30, 1998

Attorney(s) appearing for the Case

Mariette Geldenhuys, City Attorney, Ithaca (Patricia M. Kennedy of counsel), for appellant.

Holmberg, Galbraith, Holmberg & Orkin, Ithaca (Anna K. Holmberg of counsel), for respondents.

Green, Steward, Farber & Anderson, Albany (Eileen M. Considine of counsel), for New York State Builders Association, Inc., amicus curiae.

MIKOLL, YESAWICH JR., SPAIN and GRAFFEO, JJ., concur.

CREW III, J.

In 1958, the Common Council of the City of Ithaca adopted the New York State Uniform Fire Prevention and Building Code Act ([hereinafter the Uniform Building Code] see, Executive Law art 18). Thereafter, in 1981, the Uniform Building Code was amended in an effort to "[i]mmediately provide for a minimum level of protection from the hazards of fire in every part of the state" (Executive Law...

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