Hill v. Town of Horicon

— Mahoney, P. J.

Appeal from a judgment of the Supreme Court (Dier, J.), entered March 18, 1991 in Warren County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondents to maintain and upgrade a certain road.

Petitioner purchased a parcel of real property in 1987 in the Town of Horicon, Warren County. Access to petitioner’s property from the south is via Grasshopper Hill Road, which traverses the property of petitioner’s southerly neighbor, Howard Meade. Despite petitioner’s contention that respondent Town of Horicon has continuously…