Flacke v. Freshwater Wetlands Appeals Board

Cross appeals from an order and judgment of the Supreme Court at Special Term (Soden, J.), entered August 29,1979 in Warren County, which, in a proceeding pursuant to CPLR article 78, denied respondent Freshwater Wetlands Appeals Board’s motion to dismiss the petition on the ground that petitioner lacked standing, but dismissed the petition on the merits. 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…