Legal Opinion

Flacke v. Strack

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1983PublishedCited by 15 opinions

1Opinion of the Court

— Appeal from a judgment of the Supreme Court at Special Term (Shea, J.), entered September 15, 1982 in Franklin County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to direct that the Highway Superintendent for the Town of Harrietstown and the Harrietstown Town Board open and maintain a particular road. Special Term correctly denied respondents’ motion to dismiss this proceeding as untimely, and its finding that the road at issue (Old Dock Road) was a town road that had not been abandoned is supported by the record. The judgment should, therefore, be…

2Cases cited5 opinions

  1. Schillawski v. State of New YorkNew York Court of Appeals · 1961
  2. Hewitt v. Town of ScipioAppellate Division of the Supreme Court of the State of New York · 1969
  3. Hewitt v. Town of ScipioNew York Court of Appeals · 1970
  4. Bovee v. StateAppellate Division of the Supreme Court of the State of New York · 1967
  5. Suffolk County National Bank v. StateAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by15 opinions

  1. Shawangunk Holdings, Ltd. v. Superintendent of Highways of Town of ShawangunkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Van Aken v. Town of RoxburyAppellate Division of the Supreme Court of the State of New York · 1995
  3. Baker v. Village of ElmsfordAppellate Division of the Supreme Court of the State of New York · 2009
  4. Perlmutter v. Four Star Development AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
  5. Allamakee County v. Collins TrustSupreme Court of Iowa · 1999

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