MATTER OF McERLEAN v. FRESHWATER WETLANDS APPEALS BD.


230 A.D.2d 798 (1996)

646 N.Y.S.2d 184

In the Matter of Robert McErlean, Doing Business as Anyname Realty Ltd., et al., Appellants, v. Freshwater Wetlands Appeals Board, Respondent

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

August 12, 1996


Ordered that judgment is affirmed, with costs.

We agree with the Supreme Court that a contract vendee of a parcel of property is not a landowner within the meaning of ECL 24-1104 and thus lacks standing to pursue an appeal pursuant to the statute (see, Cohn v Freshwater Wetlands Appeals Bd., 150 Misc.2d 807). Accordingly, the respondents' determination which dismissed the petitioners' appeal for lack of standing...

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