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MATTER OF WELLSVILLE CITIZENS FOR RESPONSIBLE DEV., INC. v. WAL-MART STORES, INC.

548 CA 15-01862.

140 A.D.3d 1767 (2016)

33 N.Y.S.3d 653

2016 NY Slip Op 04847

In the Matter of WELLSVILLE CITIZENS FOR RESPONSIBLE DEVELOPMENT, INC., Appellant, v. WAL-MART STORES, INC., et al., Respondents, et al., Respondents.

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

Decided June 17, 2016.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, and the petition is granted.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the resolution of respondent Town Board of Town of Wellsville (Town Board) adopting a negative declaration pursuant to the State Environmental Quality Review Act ([SEQRA] ECL art 8) with respect to the proposed construction of a Wal-Mart Supercenter ...

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