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WHITTON v. THOMAS

25 A.D.3d 996 (2006)

807 N.Y.S.2d 454

JOHN WHITTON, Appellant, v. JOHN A. THOMAS, SR., et al., Respondents, et al., Defendant.

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

January 19, 2006.

Mercure, J.

The primary issue on appeal is whether a dirt road that extends approximately two tenths of a mile beyond the 1.2-mile paved portion of Westside Drive in the Town of Ballston, Saratoga County, is a town highway by use (see Highway Law § 189). Westside Drive is a dead-end road that runs north from Route 146A to properties located near Ballston Lake. The unpaved portion of the road begins at plaintiff's property and continues north to properties...

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