In re More

Hasbrouck, J.:

In the town of Andes in Delaware county stretching from the corporation line of the village of Andes towards Shavertown, there lies the Tremper’s Kill road.

In pursuance of the Highway Law two taxpayers of the town in 1922 petitioned the superintendent of highways to alter the road in order to obviate certain grades and to build a new road running closer to the kill and to abandon such existing road.

The town superintendent has failed and neglected to lay out and alter said highway and has refused to secure a dedication or lease of the lands necessary for such alteration. The…