It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Plaintiff-petitioner (petitioner) commenced this hybrid CPLR article 78 proceeding and declaratory judgment action seeking a determination that the lease agreement between defendants-respondents New York Susquehanna and Western Railway Corp. (NYS & W) and New York Regional Interconnect, Inc. is invalid as against public policy...
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