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HANIGAN v. STATE

213 A.D.2d 80 (1995)

629 N.Y.S.2d 509

Ian T. Hanigan et al., Appellants, v. State of New York et al., Respondents

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

July 13, 1995

Attorney(s) appearing for the Case

Bartlett, Pontiff, Stewart & Rhodes, P. C., Glens Falls (Malcolm B. O'Hara of counsel), for appellants.

Dennis C. Vacco, Attorney-General, Albany (Val Washington, Peter H. Schiff and James A. Sevinsky of counsel), for State of New York, respondent.

Bacas & Krogmann, Glens Falls (David B. Krogmann of counsel), for Town of Lake Luzerne, respondent.

CARDONA, P. J., MIKOLL, WHITE and SPAIN, JJ., concur.

CASEY, J.

In this action, plaintiffs claim ownership of a parcel of real property in the Town of Lake Luzerne, Warren County, which entirely contains Stewart Pond, a body of water approximately 28 acres in size. A Town highway, known as Hall Hill Road, extends some distance into plaintiffs' property and at one point borders upon or near the shoreline of Stewart Pond. The road stops on plaintiffs' property at...

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