Horan v. Dominy

This is a proceeding in the nature of mandamus, brought pursuant to article 78 of the Civil Practice Law and Rules, to compel the Town Board and the Superintendent of Highways of the Town of Brookhaven to forthwith construct and maintain a presently unimproved town highway known as Inlet Bog Path on the Great South Beach in the Town of Brookhaven. The respondents move to dismiss the petition for legal insufficiency.

The proceeding appears to have been instituted because of a dictum contained in my decision on a prior article 78 proceeding by this petitioner, to the effect that she might then…