GUTHRIE, JOHN v. MOSSOW, EDWARD L.

Appeal from a judgment (denominated order) of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered February 12, 2015. The judgment declared that the right in common to use certain undivided lakeshore has not been extinguished and that defendants have a common right to use such property as a community beach.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by converting the action to one pursuant to RPAPL article 15, vacating the declarations, and dismissing the complaint, and as modified the judgment is affirmed without costs.

Memorandum:…