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MATTER OF ERWIN v. STATE OF NEW YORK

510175.

80 A.D.3d 979 (2011)

914 N.Y.S.2d 778

In the Matter of TOWN OF ERWIN, Appellant, v. STATE OF NEW YORK et al., Respondents.

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

Decided January 13, 2011.

Cardona, P.J.

In 1997, respondent State of New York assumed jurisdiction for state highway purposes over a .6-mile stretch of State Route 417 (hereinafter the subject highway) located in the Town of Erwin, Steuben County (see L 1996, ch 521), which had previously been under petitioner's jurisdiction. In 2008, the Department of Transportation (hereinafter DOT) completed a nearby construction project designated as the I-86/US Route 15 Interchange, which eliminates...

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