Towner v. Jimerson

— Judgment unanimously affirmed, without costs. Memorandum: Appellant, the owner of real property in the Town of Hornby, made written application to respondent pursuant to section 300 of the Highway Law to lay out a private road over lands owned in part by the State of New York Department of Environmental Conservation (DEC). Upon receipt of the application the town superintendent of highways is required to appoint a day for the selection of a jury who will determine the necessity of the road and assess the damages by reason of its opening (Highway Law, §301). Respondent refused to commence…