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]) by respondent. Supreme Court properly held that "the issuance of a positive declaration is not final agency action subject to CPLR article 78 review" (Matter of Rochester Tel. Mobile Communications v Ober,
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