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PETTI v. TOWN OF LEXINGTON

512504.

92 A.D.3d 1111 (2012)

939 N.Y.S.2d 144

2012 NY Slip Op 1166

CAROLEE PETTI, as Executor of ALPHONSE DePAOLO, Deceased, Appellant, v. TOWN OF LEXINGTON et al., Respondents. (Action No. 1.) CAROLEE PETTI, as Executor of ALPHONSE DePAOLO, Deceased, Appellant, v. TOWN OF LEXINGTON et al., Respondents. (Action No. 2.)

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

Decided February 16, 2012.

SPAIN, J.

The dispute at the heart of this appeal is whether the public has a right to access a quarter-mile section of a single-lane, gravel roadway shaped like a hairpin (hereinafter the hairpin) located on property held by plaintiff as the executor of the estate of her father, Alphonse DePaolo (hereinafter the DePaolo parcel). A portion of the hairpin is located in the Town of Lexington, Greene County, and a portion of it is located in the Town of Shandaken, Ulster...

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