PLESS v. TOWN OF ROYALTON


81 N.Y.2d 1047 (1993)

619 N.E.2d 392

601 N.Y.S.2d 455

Robert N. Pless et al., Appellants, v. Town of Royalton et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1993.


Attorney(s) appearing for the Case

Magner, Love & Morris, P. C., Buffalo (William J. Love, Jr., and Karen Kaczmarski of counsel), for appellants.

David E. Seaman, Lockport, for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue before us is whether a municipality is estopped from certifying a road as abandoned due to nonuse for six years (Highway Law § 205 [1]) because, during the relevant period, it certified that the road was a highway for purposes of obtaining State highway funds.

It is not disputed that from 1982 through 1987 the Town...

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