Miller v. Bevard

2025 NY Slip Op 07210
Appellate Division of the Supreme Court of the State of New York·Decided December 23, 2025·No. 1018 CA 24-00977·Published

Opinion

Miller v Bevard (2025 NY Slip Op 07210)

Miller v Bevard
2025 NY Slip Op 07210
Decided on December 23, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on December 23, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., CURRAN, OGDEN, NOWAK, AND HANNAH, JJ.

1018 CA 24-00977

[*1]KENNETH MILLER, PLAINTIFF-APPELLANT,

v

GRETCHEN BEVARD, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF ERIC BEVARD, DECEASED, DEFENDANT-RESPONDENT.


PAPPAS, COX, KIMPEL, DODD & LEVINE, P.C., SYRACUSE (THOMAS P. GIVAS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MELVIN & MELVIN, PLLC, SYRACUSE (ROGER W. BRADLEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Jefferson County (William F. Ramseier, J.), entered November 29, 2023. The order, insofar as appealed from, dismissed the complaint "with respect to the right of way to the water."

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: December 23, 2025

Ann Dillon Flynn

Clerk of the Court



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Miller v. Bevard, 2025 NY Slip Op 07210 (N.Y. Ct. App. 2025).

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Related

§ 431
New York JUD § 431