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MATTER OF PRESERVE ASSOCIATES, LLC, v. NATURE CONSERVANCY, INC.

2010-1270.

35 Misc.3d 351 (2011)

934 N.Y.S.2d 678

2011 NY Slip Op 21417

In the Matter of a Private Road Pursuant to Article XI of the New York State Highway Law by PRESERVE ASSOCIATES, LLC, Applicant-Respondent, v. THE NATURE CONSERVANCY, INC., Owner-Petitioner.

County Court, Franklin County.

Decided November 28, 2011.

Attorney(s) appearing for the Case

McPhillips, Fitzgerald & Cullum, LLP, Glens Falls ( James E. Cullum of counsel), for owner-petitioner.

Whiteman, Osterman & Hanna, LLP, Albany ( Robert L. Sweeney of counsel), for applicant-respondent.

OPINION OF THE COURT

ROBERT G. MAIN, JR., J.

Preserve Associates, LLC (hereinafter respondent), commenced proceedings pursuant to Highway Law § 300 et seq., by filing an application for the opening of a private road across the lands of The Nature Conservancy, Inc. (hereinafter petitioner), in order to enable respondent to access a parcel of real property, known as the Moody Pond Parcel, in Tupper Lake. Petitioner opposed the application. Pursuant...

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