Newton v. Town of Middletown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a judgment of the Supreme Court (Coccoma, J.), entered June 22, 2005 in Delaware County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, inter alia, declare that respondent Town of Middletown lacks the lawful authority to shorten the length of Pakatakan Road.
At the center of this dispute lies Pakatakan Road (hereinafter the road), situate in respondent Town of Middletown in Delaware County. Historically, the Town reported the road as a town *1005highway and, in 2004, filed a petition seeking to…
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