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MATTER OF CLEARMAN v. ANDREWS, JR.

34 A.D.3d 1104 (2006)

824 N.Y.S.2d 473

In the Matter of STEPHEN CLEARMAN, Appellant, v. LAWRENCE J. ANDREWS, JR., et al., Respondents.

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

Decided November 22, 2006.

Cardona, P.J.

Petitioner owns real property in the Town of Ghent, Columbia County that is divided by Johnson Road, an approximately three eighths of a mile town road that is open for public use. In August 2005, respondent Michael Losa, the Town Highway Superintendent, instructed the Town Highway Department to begin the application of "oil and stone" to Johnson Road, a process whereby a layer of an oily material and fine gravel would be pressed onto the existing gravel...

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