Cataldo v. Town of Hempstead

William R. Brennan, Jr., J.

In this special proceeding under section 197 of the Highway Law, applicants seek the appointment of three commissioners to assess damages to their prop*490erty allegedly resulting from a change of grade of the abutting town highway.

The Town of Hempstead raises separate defenses, the first of which is in effect a general denial, and the remaining of which are: a failure of petitioners to appear for an examination on their claim; their failure to present a verified claim within the time limited therefor; a release, and a denial that petitioners were legal abutting owners…