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MATTER OF SIWULA v. TOWN OF HORNELLSVILLE

56 A.D.3d 1253 (2008)

867 N.Y.S.2d 832

In the Matter of JOHN T. SIWULA, Appellant, v. TOWN OF HORNELLSVILLE et al., Respondents. DANIEL STUTZMAN, Respondent.

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

November 21, 2008.

Memorandum:

Plaintiff appeals from an order denying his application to compel defendants to empanel a jury to consider his application to lay out a private road. We note at the outset that plaintiff seeks relief pursuant to CPLR article 78 in the nature of mandamus to compel. In the interest of judicial economy, we convert the application to a petition (see CPLR 103 [c]), and we deem the parties to be petitioner...

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