Legal Opinion
DeMato v. Mallin
Appellate Division of the Supreme Court of the State of New York
Decided December 1, 2009PublishedCited by 4 opinions
1Opinion of the Court
The parties are all homeowners residing in a subdivision in the Town of Southold. The subdivision map, which was filed in 1922, contains a so-called “paper” street, known as Bayberry Road, which is located on property now owned by the defendants. In August 2000 the defendants applied to the town tax assessor for a certificate of abandonment (hereinafter the certificate) pursuant to Real Property Law § 335 (3). This section permits the abandonment of a subdivision or portion thereof, such as a “paper” street, “without [the] consent” of other landowners in the subdivision, provided that 20…
2Cases cited5 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Lucido v. MancusoAppellate Division of the Supreme Court of the State of New York · 2008
- Mtr. Lezette v. Bd. of Educ., HudsonNew York Court of Appeals · 1974
- Trataros Construction, Inc. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Lazzari v. Town of EastchesterAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Dickinson v. IgoniAppellate Division of the Supreme Court of the State of New York · 2010
- Ignaczak v. RyanAppellate Division of the Supreme Court of the State of New York · 2010
- DeMato v. MallinAppellate Division of the Supreme Court of the State of New York · 2015
- DAVIS, JAMES S. v. WISKUP, SR., THOMAS T.Appellate Division of the Supreme Court of the State of New York · 2013