COUNTY OF ONONDAGA v. ESTATE OF FURCINITO


20 A.D.2d 965 (1964)

County of Onondaga, Respondent, v. Estate of Sally C. Furcinito by James Cerio, an Executor, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 9, 1964


Order unanimously affirmed, without costs of this appeal to any party.

Memorandum:

The statement in the petition that the lands of appellants were appropriated for highway purposes "without access" was not an irremediable defect, if indeed it was a defect. The contents of the petition made it plain that the proposed highway was to be "controlled-access" (Highway Law, § 117-b) so that an adjacent landowner could not have access at any place thereon he...

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