| Siwula v Town of Hornellsville |
| 2011 NY Slip Op 02242 [82 AD3d 1662] |
| March 25, 2011 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| John T. Siwula, Appellant, v Town of Hornellsville et al., Respondents. Daniel T. Stutzman, Respondent. |
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Shults and Shults, Hornell (David A. Shults of counsel), for respondent.
Patrick F. McAllister, Town Attorney, Wayland, for defendants-respondents.
Appeal from an order of the Steuben County Court (Peter C. Bradstreet, J.), entered November 25, 2009. The order granted the application of Daniel T. Stutzman, pursuant to Highway Law § 312, to confirm the jury's determination that a private road across his property was not necessary.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Lindley, Sconiers and Martoche, JJ.