Matter of Lamoureux v Town of Vestal Town Bd., 2024 NYSlipOp 01226 [225 AD3d 978]

March 7, 2024

Appellate Division, Third Department

[*1]

In the Matter of Victor Lamoureux, on Behalf of Friends for Responsible Vestal Zoning, an Unincorporated Association, Appellant,

v

Town of Vestal Town Board et al., Respondents.

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.

Pritzker, J. 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..