Town of Erwin v. State

Appeal from a judgment of the Supreme Court (Lynch, J.), entered February 11, 2010 in Albany County, which, among other things, dismissed petitioner’s application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to review a determination of respondent Acting Commissioner of Transportation transferring maintenance obligations for a highway to petitioner.

In 1997, respondent State of New York assumed jurisdiction for state highway purposes over a .6-mile stretch of State Route 417 (hereinafter the subject highway) located in the Town of Erwin, Steuben…