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Rupp Pfalzgraf LLC, Albany (William F. Demarest III of counsel), for appellant. David S. Berger, Vestal, for Town of Vestal Town Board, respondent. Hinman, Howard & Kattell LLP, Binghamton (Sarah G. Campbell of counsel), for LCD Acquisitions, LLC and another, respondents. Appeal from a judgment of the Supreme Court (Mark G. Masler, J.), entered November 10, 2022 in Cortland County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review, among other things, a determination of respondent Town of Vestal Town Board adopting a negative declaration of environmental significance. Judgment affirmed, upon the opinion of Justice Mark G. Masler. Garry, P.J., Lynch, Fisher and Powers, JJ., concur. ORDERED that the judgment is affirmed, without costs.

 
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