Copelan v. Archibald

OPINION OF THE COURT

Richard F. Kuhnen, J.

Respondent moves to dismiss the petition in this article 78 proceeding on the ground that it is barred by the four-month Statute of Limitations in CPLR 217. The petition seeks to compel respondent to maintain Baker Road in the Town of Franklin, Delaware County, New York, as a town highway, as provided by the Highway Law.

The answer denies that Baker Road “is or ever has been a Town Highway within the meaning of the Highway Law of the State of New York”. It also sets up as an affirmative *923defense that the “proceeding is barred by the statute of…