Judgment unanimously affirmed with costs.
Petitioner appeals from a judgment dismissing its petition challenging the issuance of a "positive declaration" (6 NYCRR 617.2 [ac]) issued by the Planning Board of the Town of Ogden (Planning Board). We agree with Supreme Court that the issuance of a positive declaration is not final agency action subject to CPLR article 78 review. The issuance of a positive...
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