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MATTER OF FOX MEADOWS REALTY & DEV. CORP. v. GARDENER

209 A.D.2d 616 (1994)

619 N.Y.S.2d 296

In the Matter of Fox Meadows Realty & Development Corp., Appellant, v. Kurt Gardener et al., Respondents

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

November 21, 1994

Ordered that the judgment is affirmed, with costs.

This is a proceeding to compel the Town to abandon a certain portion of a Town road to the petitioner, pursuant to Highway Law § 212-a. However, the language of the statute is permissive, not mandatory, and the petitioner has failed to demonstrate a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53...

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