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MATTER OF MAURER v. McMORRAN

19 Misc.2d 1090 (1959)

In the Matter of J. Gilbert Maurer, Individually and as President of U. S. Route 9 Improvement Association, Inc., and on Behalf of Himself and All Other Residents and Property Owners in the Towns of Clifton Park and Halfmoon, County of Saratoga, Similarly Situated, et al., Petitioners, v. J. Burch McMorran, Individually and as Superintendent of the Department of Public Works of the State of New York, Respondent.

Supreme Court, Albany County.

November 24, 1959.

Attorney(s) appearing for the Case

Conway, Conway & Conway (Edward S. Conway of counsel), for petitioners.

Louis J. Lefkowitz, Attorney-General (Arthur W. Mattson, Joseph A. Romano, and Grace K. Banoff of counsel), for respondent.

ROSCOE V. ELSWORTH, J.

Petitioners in this article 78 proceeding seek an order directing the Superintendent of the Department of Public Works of the State of New York to re-establish the approaches to private lands along Route 9 in the Towns of Clifton Park and Halfmoon in the County of Saratoga in such a manner as not to destroy the access enjoyed by the property owners prior to the reconstruction of U. S.

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