HAWLEY v. TOWN OF AURORA


41 A.D.2d 588 (1973)

Mary C. Hawley et al., Respondents, v. Town of Aurora et al., Appellants

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

January 18, 1973


Appeal unanimously dismissed, with costs to respondents.

Memorandum:

This article 78 proceeding was brought by petitioners, who own land along Mill Road in the Town of Aurora, alleging that the road had become impassable and they seek to compel respondents to maintain it as a town highway. Repondents, alleging that it had been abandoned, moved to dismiss on the grounds that the petition failed to state facts sufficient to entitle petitioners to the relief...

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