Fusaro v. D'Angelo

In a proceeding pursuant to article 78 of the CPLR to compel the appellant Commissioner to execute a certificate of abandonment of a designated unimproved portion of land known as “ Tamarack Trail ”, pursuant to section 205 of the Highway Law, and for related relief, the appeals are from a judgment of the Supreme Court, Westchester County, dated July 21, 1972, which granted the petition. Judgment reversed, on the law, with a single bill of $10 costs and disbursements to the appellant Commissioner and Town Board against petitioners, and proceeding dismissed on the merits. In our opinion, the…