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MATTER OF FLACKE v. FRESHWATER WETLANDS APPEALS BD. OF THE STATE OF NEW YORK

87 A.D.2d 898 (1982)

In the Matter of Robert F. Flacke, as Commissioner of Environmental Conservation of The State of New York, Appellant-Respondent, v. Freshwater Wetlands Appeals Board of the State of New York et al., Respondents-Appellants

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

April 1, 1982

When this appeal was first before us, we modified the order of Special Term by reversing so much thereof as denied the Freshwater Wetlands Appeals Board's motion to dismiss the petition on the ground petitioner lacked standing to commence this proceeding, granted the motion, and dismissed the petition, and as so modified, affirmed, without reaching the merits (77 A.D.2d 66). The Court of Appeals rejected our analysis, found that petitioner...

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