Special Term correctly denied respondents' motion to dismiss this proceeding as untimely, and its finding that the road at issue (Old Dock Road) was a town road that had not been abandoned is supported by the record. The judgment should, therefore, be affirmed. On the timeliness issue, the record reveals that respondents did not clearly and unequivocally express their refusal to comply with petitioner's demand that they reopen Old Dock Road until March 15, 1982. Accordingly...
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