DeMATO v. MALLIN

2008-09687

68 A.D.3d 711 (2009)

2009 NY Slip Op 8991

890 N.Y.S.2d 595

DANIEL G. DeMATO et al., Respondents, v. BARRY MALLIN et al., Appellants.

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

Decided December 1, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The parties are all homeowners residing in a subdivision in the Town of Southold. The subdivision map, which was filed in 1922, contains a so-called "paper" street, known as Bayberry Road, which is located on property now owned by the defendants. In August 2000 the defendants applied to the town tax assessor for a certificate of abandonment (hereinafter the certificate) pursuant to Real Property...

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