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MATTER OF HORAN v. DOMINY

43 Misc.2d 62 (1964)

In the Matter of Barbara T. Horan, Petitioner, v. Charles R. Dominy et al., Constituting the Town Board of the Town of Brookhaven, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

May 7, 1964

Attorney(s) appearing for the Case

Stanley Gray Horan for petitioner. John J. Ceparano for Charles W. Barraud, respondent. Martin B. Ashare for Town Board of the Town of Brookhaven, respondent. Louis J. Lefkowitz, Attorney-General, for State of New York.

FRED J. MUNDER, J.

This is a proceeding in the nature of mandamus, brought pursuant to article 78 of the Civil Practice Law and Rules, to compel the Town Board and the Superintendent of Highways of the Town of Brookhaven to forthwith construct and maintain a presently unimproved town highway known as Inlet Bog Path on the Great South Beach in the Town of Brookhaven. The respondents move to dismiss the petition for legal insufficiency.

The proceeding...

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