Commissioner of Transportation v. Lane

OPINION OF THE COURT

Robert L. Estes, J.

The Commissioner of Transportation, as agent of the People of the State of New York, has commenced a proceeding in this court requesting an order summarily removing the respon*321dent, Gilbert Lane, from lands comprising a portion of a public highway right-of-way known as New York State Route 23, in the Town of Kortright, Delaware County, New York. The proceeding is pursuant to RPAPL 713 (3), which permits a party to maintain a special proceeding for summary eviction after service of a 10-day notice to quit, in cases where the respondent or the person to…