Cohn v. Freshwater Wetlands Appeals Board

*808OPINION OF THE COURT

Louis Sangiorgio, J.

This is a special proceeding styled in the nature of a combined CPLR article 78 proceeding and an action for a declaratory judgment.

This litigation, and prior proceedings before the Freshwater Wetlands Appeals Board (hereinafter FWAB) concern the designation of a certain parcel of property by the respondents Commissioner Jorling and the Department of Environmental Conservation (DEC) as a freshwater wetlands (ECL art 24).

Jacob and Madeline Agai commenced an appeal before FWAB (Index No. 87-43) challenging the designation of the subject property* as a…