Dwyer v. Town of Rodman

Appeal from a judgment (denominated order) of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered November 26, 2004. The judgment, upon a jury verdict, declared that the road in question is a town highway created by use and that defendant did not abandon the highway prior to New York State’s acquisition of land adjacent to the highway.

It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed with costs.

Memorandum: Defendant appeals from a judgment rendered following a jury trial declaring that Babbitts Corner Road is a town highway created by…