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HUNTINGTON v. SUFFOLK

2009-06734.

79 A.D.3d 207 (2010)

910 N.Y.S.2d 454

TOWN OF HUNTINGTON, Respondent, v. COUNTY OF SUFFOLK, Appellant.

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

Decided October 19, 2010.

Attorney(s) appearing for the Case

Christine Malafi , County Attorney, Hauppauge ( Ann K. Kandel of counsel), for appellant.

Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains ( Edward J. Guardaro and Gina Bernardi DiFolco of counsel), for respondent.

Stephen J. Acquarios , Albany ( Robert W. Gibbon of counsel), for New York State Association of Counties, amicus curiae.

FISHER, J.P., ROMAN and SGROI, JJ., concur.

OPINION OF THE COURT

BALKIN, J.

The counties, cities, towns, and villages of the State of New York often compete for limited governmental resources in order to maintain, repair, and improve the road infrastructure within their usually coexistent geographical jurisdictions. The issue of apparent first impression presented on this appeal is whether the defendant County of Suffolk has the responsibility, duty, and obligation to improve, maintain, and repair...

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