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MTR OF MARCHAND v. NYSDEC.

No. 131.

19 N.Y.3d 616 (2012)

2012 NY Slip Op 5126

In the Matter of RONALD MARCHAND, JR., et al., Appellants, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Defendant, and INCORPORATED VILLAGE OF BAYVILLE, Respondent.

Court of Appeals of New York.

Decided June 27, 2012.

Attorney(s) appearing for the Case

Albanese & Albanese LLP, Garden City ( Bruce W. Migatz of counsel), for appellants.

Ackerman, Levine, Cullen, Brickman & Limmer, LLP, Great Neck ( James A. Bradley of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that a private road cannot become a public street pursuant to Village Law § 6-626 if the street is not maintained and repaired by the village.

Ronald and Margaret Marchand own property in the Village of Bayville through which runs a dirt road referred to by several names, one of which is the "Travelled Way." The Marchands assert that the road is private...

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