MATTER OF ROCHESTER TEL. MOBILE COMMUNICATIONS v. OBER


251 A.D.2d 1053 (1998)

674 N.Y.S.2d 189

In the Matter of Rochester Telephone Mobile Communications, Appellant, v. Neil Ober, as Chairman of The Planning Board of the Town of Ogden, et al., Respondents, and Ogden Citizens for Responsible Land Use, Inc., Intervenor-Respondent

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

June 10, 1998


Judgment unanimously affirmed with costs.

Memorandum:

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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