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MATTER OF FERNANDEZ v. TOWN OF BENSON

531631.

196 A.D.3d 1019 (2021)

151 N.Y.S.3d 550

2021 NY Slip Op 04584

In the Matter of Frank Fernandez et al., Respondents, v. Town of Benson et al., Appellants.

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

Decided July 29, 2021.

Attorney(s) appearing for the Case

FitzGerald Morris Baker Firth PC, Glens Falls ( John D. Aspland Jr. of counsel), for appellants.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany ( Justin W. Gray of counsel), for respondents.

Aarons and Colangelo, JJ., concur.

In 1996, petitioner Frank Fernandez (hereinafter Fernandez) purchased real property located at the intersection of County Route 6 and Van Slyke Road in the Town of Benson, Hamilton County.1 Shortly after he purchased the property, he was informed by the Town's then highway superintendent, Arthur...

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