MATTER OF IGNACZAK v. RYAN

2010-00925.

79 A.D.3d 881 (2010)

912 N.Y.S.2d 658

In the Matter of JEFFREY J. IGNACZAK et al., Respondents, v. JAMES RYAN, Assessor of Town of Brookhaven, et al., Appellants.

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

Decided December 14, 2010.


Ordered that the judgment is affirmed, with costs.

Real Property Law § 335 (3) permits the abandonment of a subdivision or portion thereof, such as a so-called "paper" street, by the owner of the land to be abandoned "without [the] consent" of other landowners in the subdivision, provided that 20 years or more have elapsed since the subdivision map was filed and "such streets or portions thereof are neither opened, nor public highways, nor used by the public...

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