MATTER OF CLEMENTE v. NEW YORK STATE FRESHWATER WETLANDS APPEALS BD.


226 A.D.2d 718 (1996)

642 N.Y.S.2d 45

In the Matter of E. Gary Clemente et al., Respondents, v. New York State Freshwater Wetlands Appeals Board et al., Respondents, and Thomas C. Jorling, as Commissioner of The New York State Department of Environmental Conservation, Appellant

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

April 29, 1996


Ordered that the judgment is reversed, on the law, the determination is reinstated and confirmed, and the proceeding is dismissed, with costs.

The New York State Freshwater Wetlands Appeals Board (hereinafter the FWAB) properly determined that the petitioners did not have standing to pursue an administrative appeal of the freshwater wetlands designation of the subject property. By the time the petitioners filed a notice of appeal with the FWAB on July 22, 1991, a...

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