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MATTER OF BOLTON v. TOWN OF SOUTH BRISTOL PLANNING BOARD

38 A.D.3d 1307 (2007)

832 N.Y.S.2d 729

In the Matter of RICHARD H. BOLTON, Appellant, v. TOWN OF SOUTH BRISTOL PLANNING BOARD, Respondent, and BRISTOL HARBOR DEVELOPMENT, LLC, Intervenor-Respondent.

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

Decided March 16, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to annul the negative declaration issued by respondent pursuant to the State Environmental Quality Review Act (ECL art 8) in connection with the proposal of respondent-intervenor to expand a residential development overlooking Canandaigua Lake. We conclude that Supreme...

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