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MATTER OF TURNER v. ANDERSON

CA 08-01845.

67 A.D.3d 1462 (2009)

888 N.Y.S.2d 701

2009 NY Slip Op 08645

In the Matter of THOMAS A. TURNER A. TURNER et al., Appellants, v. DUANE F. ANDERSON et al., Constituting Board of Trustees for Village of Lakewood, et al., Respondents.

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

Decided November 20, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking to annul the determination denying their request for vehicular access over a "paper street" known as Ohio Avenue on the grounds that it was arbitrary and capricious or affected by an error of law. We conclude that Supreme Court properly granted respondents' motion for summary judgment dismissing the...

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