Order affirmed, without costs or disbursements.
Section 125 of the Highway Law mandates that surplus property acquired for highway purposes, if it is to be conveyed at all, be conveyed by the board of supervisors to an abutting owner who will thereby gain frontage upon the new highway. The claimant-appellant qualifies as such an abutting owner. However, the statute is permissive as to whether such property is to be conveyed in the first instance and as to the terms...
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