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IN THE MATTER OF EAST FISHKILL HOME & LAND COMPANY LLC v. TOWN OF EAST FISHKILL

54 A.D.3d 950 (2008)

864 N.Y.S.2d 524

In the Matter of EAST FISHKILL HOME & LAND COMPANY, LLC, Petitioners, v. TOWN OF EAST FISHKILL et al., Respondents.

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

September 23, 2008.

Ordered that so much of the cause of action seeking a judgment declaring, inter alia, that Old Phillips Road is "useless" pursuant to Highway Law § 171 and an injunction directing the Town of East Fishkill Town Board to close Old Phillips Road pursuant to CPLR 7806 and Highway Law §§ 171 and 188, is remitted to the Supreme Court, Dutchess County, for further proceedings on that cause of action, including a severance thereof, and thereafter for the entry of...

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