Di Lucia v. Town Board of Westford

Appeal from a judgment of the Supreme Court (Ingraham, J.), entered October 7, 1996 in Otsego County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to compel respondents to accept dedication of petitioners’ private road.

In 1986, petitioner Gilbert Di Lucia purchased approximately 290 acres of land in the Town of Westford, Otsego County, subdivided the property and created petitioner Cooper Hills Estates, Inc., a residential development. Four roads, including Gates Road, were constructed within the development.* Following a presentation by petitioners’…