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MATTER OF WOODSON v. TOWN OF RIVERHEAD

2019-08350. Index No. 77/18.

203 A.D.3d 935 (2022)

165 N.Y.S.3d 108

2022 NY Slip Op 01797

In the Matter of George Woodson, Appellant-Respondent, v. Town of Riverhead et al., Respondents, and Oak Hills Association, Inc., Respondent-Appellant.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, NY ( Rhoda Y. Andors and Michael P. Siravo of counsel), for appellant-respondent.

Law Offices of David A. Antwork, P.C., Merrick, NY, for respondent-appellant.

Dillon, J.P., Brathwaite Nelson, Rivera and Wooten, JJ., concur.

Ordered that the order and judgment is reversed insofar as appealed from, on the law, that branch of the motion of the respondent/defendant Oak Hills Association, Inc., which was pursuant to CPLR 3211(a) to dismiss that branch of the petition/complaint which was to annul so much of the resolution as designated Oak Drive, Harper Road, Fern Road East, and Laurel Lane to be public highways by use pursuant to Highway Law § 189...

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