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MATTER OF JEMZURA v. MUSSISION

161 A.D.2d 851 (1990)

In the Matter of Raymond Jemzura et al., Appellants, v. Charles Mussision, as Superintendent of The Town of Lebanon, et al., Respondents

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

May 3, 1990

Weiss, J. P.

The clearly defined issue in this appeal is whether the evidence adduced at the bench trial was sufficient to support the decision that Brian Road in the Town of Lebanon, Madison County, is a town highway.

The facts are not complicated. Petitioners commenced this CPLR article 78 proceeding against respondents, the Highway Superintendent and Supervisor of the Town of New Lebanon, for a judgment...

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