Fox Meadows Realty & Development Corp. v. Gardener

Appellate Division of the Supreme Court of New York

Fox Meadows Realty & Development Corp. v. Gardener

209 A.D.2d 616, 619 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 11459

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 21, 1994

StatusPublished

This text of 209 A.D.2d 616 (Fox Meadows Realty & Development Corp. v. Gardener) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fox Meadows Realty & Development Corp. v. Gardener, 209 A.D.2d 616, 619 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 11459 (N.Y. Ct. App. 1994).

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Opinion

—In a proceeding pursuant to CPLR article 78 to compel the Town of Pleasant Valley to abandon a certain segment of a Town road to the petitioner, pursuant to Highway Law § 212-a, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered July 9, 1993, which dismissed the petition.

Ordered that the judgment is affirmed, with costs.

This is a proceeding to compel the Town to abandon a certain portion of a Town road to the petitioner, pursuant to Highway Law § 212-a. However, the language of the statute is [617]*617permissive, not mandatory, and the petitioner has failed to demonstrate a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16; Klostermann v Cuomo, 61 NY2d 525, 539). Accordingly, the petition was properly dismissed. Bracken, J. P., Lawrence, Friedmann and Goldstein, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to compel the Town of Pleasant Valley to abandon a certain segment of a Town road to the petitioner, pursuant to Highway Law § 212-a, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered July 9, 1993, which dismissed the petition.

Ordered that the judgment is affirmed, with costs.

This is a proceeding to compel the Town to abandon a certain portion of a Town road to the petitioner, pursuant to Highway Law § 212-a. However, the language of the statute is [617]*617permissive, not mandatory, and the petitioner has failed to demonstrate a clear legal right to the relief sought (see, Matter of Legal Aid Socy. v Scheinman, 53 NY2d 12, 16; Klostermann v Cuomo, 61 NY2d 525, 539). Accordingly, the petition was properly dismissed. Bracken, J. P., Lawrence, Friedmann and Goldstein, JJ., concur.

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Bluebook (online)

209 A.D.2d 616, 619 N.Y.S.2d 296, 1994 N.Y. App. Div. LEXIS 11459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-meadows-realty-development-corp-v-gardener-nyappdiv-1994.

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