COPELAN v. ARCHIBALD


105 Misc.2d 920 (1980)

Jeffrey Copelan et al., Petitioners, v. Robert J. Archibald, as Town Superintendent of Highways of the Town of Franklin, Respondent.

Supreme Court, Otsego County.

July 11, 1980.


Attorney(s) appearing for the Case

Eaton, Griffith & Mugglin (Carl A. Griffith of counsel), for respondent. Harrington & Bookhout (William R. Bookhout of counsel), for Jeffrey Copelan and another, petitioners.


RICHARD F. KUHNEN, J.

Respondent moves to dismiss the petition in this article 78 proceeding on the ground that it is barred by the four-month Statute of Limitations in CPLR 217. The petition seeks to compel respondent to maintain Baker Road in the Town of Franklin, Delaware County, New York, as a town highway, as provided by the Highway Law.

The answer denies that Baker Road "is or ever has been a Town Highway within the meaning of the Highway...

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