Opinion
April 29, 1996
Appeal from the Supreme Court, Richmond County (Leone, J.).
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 judgment of foreclosure had already been entered on October 16, 1989, and the property had already been purchased by a third party at a foreclosure sale on February 26, 1990. Since the petitioners no longer owned the property, they could not seek review of the freshwater wetlands designation pursuant to ECL 24-1104 (1). Accordingly, the Supreme Court erred in annulling the determination of the FWAB dated November 1, 1993. Sullivan, J.P., Pizzuto, Joy and Krausman, JJ., concur.