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MATTER OF NEWTON v. TOWN OF MIDDLETOWN

31 A.D.3d 1004 (2006)

820 N.Y.S.2d 154

In the Matter of LAWRENCE P. NEWTON et al., Appellants, v. TOWN OF MIDDLETOWN et al., Respondents.

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

July 20, 2006.

Spain, J.

At the center of this dispute lies Pakatakan Road (hereinafter the road), situate in respondent Town of Middletown in Delaware County. Historically, the Town reported the road as a town highway and, in 2004, filed a petition seeking to condemn lands located adjacent to the road to ensure compliance with minimum town mandates for width of public roads and rights-of-way. Supreme Court dismissed the Town's petition...

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