MATTER OF ALDOUS v. TOWN OF LAKE LUZERNE


281 A.D.2d 807 (2001)

722 N.Y.S.2d 293

In the Matter of KENNETH E. ALDOUS et al., Respondents, v. TOWN OF LAKE LUZERNE et al., Appellants.

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

Decided March 15, 2001.


Mugglin, J.

This appeal raises the procedural issue of whether this proceeding is barred by any applicable Statute of Limitations and, if not, the substantive issue of whether a 0.3-mile segment of Beartown Road in the Town of Lake Luzerne, Warren County, is a public highway which respondent Town of Lake Luzerne must maintain, or whether it was abandoned. Since the substantive issue need not be addressed if the proceeding is time barred, we first address the Statute...

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