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TOWN OF TRENTON v. GREENE

78 Misc.2d 976 (1974)

Town of Trenton, Petitioner, v. Seymour D. Greene, as Commissioner of Oneida County Department of Public Works, Respondent.

Supreme Court, Oneida County.

August 15, 1974

Attorney(s) appearing for the Case

Gordon P. Jeffery for petitioner. Donald E. Keinz, County Attorney (Rocco S. Mascaro of counsel), for respondent.

J. ROBERT LYNCH, J.

Prior to 1937, a town highway could be qualifiedly abandoned by the filing of a certificate by the town superintendent of highways. Chapter 475 of the Laws of 1937 enacted an additional prerequisite, that "it shall also appear to the superintendent of highways of the county in which such town is situate that a qualified abandonment of such highway is proper and will not cause injustice or hardship to the owner or occupant of any lands...

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