Whitton v. Thomas
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered May 6, 2005 in Saratoga County, which, inter alia, declared the subject property to be a public road.
The primary issue on appeal is whether a dirt road that extends approximately two tenths of a mile beyond the 1.2-mile paved portion of Westside Drive in the Town of Ballston, Saratoga County, is a town highway by use (see Highway Law § 189). Westside Drive is a dead-end road that runs north from Route 146A to properties located near Ballston Lake. The unpaved portion of the road begins at plaintiffs property and continues…
2Cases cited6 opinions
- Salvador v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1996
- Egan v. HalversonAppellate Division of the Supreme Court of the State of New York · 2000
- Aumell v. KingAppellate Division of the Supreme Court of the State of New York · 2005
- Town of Dresden v. VoutyrasAppellate Division of the Supreme Court of the State of New York · 1997
- Stuart v. Town of WellsAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clarke v. Town of Sand Lake Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2008
- Petti v. Town of LexingtonAppellate Division of the Supreme Court of the State of New York · 2012
- State v. Town of HoriconAppellate Division of the Supreme Court of the State of New York · 2007
- Pinsly v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 2011
- Long Pond Ass'n v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2011
3 more not listed; retrieve them via the Exa API.